Key Takeaways
- Driving over the speed limit in Victoria can result in fines, demerit points, and licence suspension.
- Charges may be brought for driving 25 km/h or more over the limit, or exceeding 130 km/h in any zone.
- Valid defences include emergencies, involuntary actions, and disputing speed detection equipment accuracy.
- Penalties for speeding include mandatory licence suspension and fines that vary based on the speed excess.
- Legal resources and assistance are available through Victoria Legal Aid, Fines Victoria, and Pentana Stanton Lawyers.
Driving over the speed limit is a serious offence in Victoria, carrying penalties that range from fines and demerit points to licence suspension. This guide provides an overview of excessive speeding offences, potential penalties, valid defences, and resources to help you navigate the legal process.
When Can You Be Charged with Excessive Speeding?
You may be charged with excessive speeding if you are alleged to have:
- Driven 25 km/h or more above the posted speed limit, or
- Exceeded 130 km/h, regardless of the speed zone.
Steps to Take If Charged with Driving Over the Speed Limit
Preparing for Court
If you have been charged with a speeding offence and are required to attend court, it is critical to prepare thoroughly:
- Understand the Charge: Review the “Details of the Charge” section in your charge sheet, which outlines the evidence against you.
- Burden of Proof: The prosecution must prove that you were driving and exceeded the speed limit as alleged.
- Seek Legal Guidance: Legal aid may be available to help you prepare your case.
For detailed guidance, visit Victoria Legal Aid – Going to Court for Traffic Offences.
Your Options in Court
- Plead Guilty: Admitting guilt may result in reduced penalties.
- Plead Not Guilty: Contest the charge if you believe it is incorrect. A contested hearing will involve presenting evidence and arguments in court.
Defending a Driving Over the Speed Limit Charge
Valid Defences
Certain circumstances may provide a valid defence, such as:
- Emergencies: Exceeding the speed limit to address a critical situation, such as transporting someone with a medical emergency.
- Involuntary Action: Instances where the driver could not control their actions due to a medical episode.
- Challenging Speed Detection Equipment: Expert evidence may be presented to dispute the accuracy or proper use of speed detection devices.
Invalid Defences
These arguments are not recognised as valid defences in court:
- Being late for work or an appointment.
- A faulty or broken speedometer.
- Lack of awareness of the speed limit due to missing signage.
Penalties for Driving Over the Speed Limit
Demerit Points
Most speeding offences result in demerit points being added to your driving record. The number of points varies based on the speed excess.
Licence Suspension
For excessive speeding, licence suspension is mandatory:
- 25–35 km/h over the limit: 3 months.
- 35–45 km/h over the limit: 6 months.
- 45 km/h or more over the limit: 12 months.
- 130 km/h or more: 3 months, regardless of the speed zone.
No exceptions or conditional licences are available during the suspension period.
Fines
Fines depend on the degree of the offence:
- Under 35 km/h over the limit: Up to 10 penalty units (approximately $1,850).
- 35–45 km/h over the limit: Up to 15 penalty units (approximately $2,775).
- 45 km/h or more over the limit: Up to 20 penalty units (approximately $3,700).
Fines Victoria can assist with payment plans if immediate payment is not possible.
Additional Penalties
For severe offences, the court may impose additional penalties, including:
- Vehicle impounding or immobilisation.
- Good behaviour bonds.
- Harsher penalties for reckless speeding during police chases or speed trials.
Resolving Speeding Allegations
If you believe the charge is incorrect or unfair, you have options:
- Request a Review: Apply to Fines Victoria if you believe the fine was issued in error.
- Dispute the Charge in Court: Lodge a request for a hearing in the Magistrates’ Court of Victoria. Legal advice is highly recommended before proceeding.
Key Legislation
- Road Safety Act 1986: Governs traffic offences, including speeding.
- Sentencing Act 1991: Details penalties and sentencing for offences.
Resources and Support
- Victoria Legal Aid: Provides free legal information and advice.
- Fines Victoria: Assists with managing fines and payment plans.
- Victoria Police: For inquiries about charges and evidence.
- Magistrates’ Court of Victoria: Handles traffic offence cases.
Let Pentana Stanton Lawyers Assist You with Speeding Offences
Exceeding the speed limit can result in severe legal and financial consequences, including fines, licence suspension, and demerit points. At Pentana Stanton Lawyers, our experienced team can guide you through the legal process, provide expert advice, and help achieve the best possible outcome.
Visit our website today to learn more about how we can assist with speeding offences and traffic matters. Let us provide the support and representation you need to navigate these challenges effectively.
