If police believe you have been driving faster that 130km/hour OR that you have driven over the speed limit by 25km/ph you may have been charged with the offence of excessive speed.

In order for you to be found guilty of the offence the prosecution must prove beyond reasonable doubt that

  1. You were the person driving the car
  2. You, being the person driving the car, was doing so over the speed limit.

Defences that may be available to you.

  1. Circumstances of Emergency: The magistrate will ultimately decide if your reason is satisfactory or not, however examples of circumstances of emergency include whether there was someone critically ill or you were h
  1. You were not the driver of the vehicle:  If this situation applies to you then you must name the person who was driving the vehicle and their address.
  1. You were not speeding: This defence can be raised if you are willing to argue that the speed detector was broken or improperly operated. The law assumed that speed detectors are accurate. If you are using this defence you will need to engage not only a legal representative but also an expert in the field to speak in your defence at court.

Defences do not include the following:

  1. It is not a defence to say that you were speeding because you wanted to get to work on time
  2. It is not a defence to say that you were speeding because your odometer was broken
  3. It is not a defence to say that you were speeding because you did not know the speed limit or that the speed limit has changed.

Penalties

  1. The magistrate can impose a penalty and this may go on your criminal record.
  2. You will suffer a demerit point loss (the amount of points taken from you will depend on the speed of the offence)
  3. The magistrate must suspend your licence for this type of offence for a minimum period of time. The period of time is listed below
Period Excessive speed (amount over the speed limit)
3 months 25 km/hour or more but less than 35 km/hour
6 months 35 km/hour or more but less than 45 km/hour
12 months 45 km/hour or more
3 months Any speed of 130 km/hour or more not covered above

4.  A fine may also be imposed

Other penalties

The magistrate may also:

  • Place you on an undertaking to be of good behaviour and not to commit further offences for a period of time
  • Impound or immobilise your car if you were:
    • speeding by 45 km/hour or more
    • driving at 145 km/hour or more
    • involved in a speed trial or road race.

For further information or assistance please contact one of our friendly lawyers at Jay & Co Barristers and Solicitors.