If you believe you’ve received an unfair speeding fine, there are a couple of ways to avoid receiving the demerit points and fines that go with it. A traffic lawyer at Guest shares some advice on the possibilities of disputing a speeding fine.
Your Options
When you first receive a speeding fine, you have three options to enact within 28 days:
- Pay the fine;
- Transfer the fine to a different license holder;
- Dispute the fine in court.
If another driver was responsible for the offence and you wish to transfer the fine to their license, you will need to complete a statutory declaration.
You must have the statutory declaration witnessed by either a Justice of the Peace, a Commissioner for Declarations, a notary public, traffic lawyer or another person authorised under the law of the state or federal government.
Disputing a Speeding Fine in Court
If a police officer, transport inspector or traffic camera detected the speeding offence, the only way to dispute the fine is to appear in court. You do not need to hire a traffic lawyer to appear in court. If you choose to represent yourself make sure you research what defences are available to you. Here are a few starting points:
-
You made an honest and reasonable mistake in thinking that you were travelling at the correct speed limit (this can be backed up by a speedometer test confirming that it does not show the correct speed);
-
You believe the police officer or traffic camera recorded a higher speed than you were travelling.
An experienced traffic lawyer can help decide the best course of action for your case and best method for successfully lowering the category of the offence. This is especially important if the driver was travelling more than 40km/h over the speed limit, which results in a 6-month licence suspension (see table below).
The Penalties of Speeding in Queensland
These are the current penalties for speeding in Queensland. Note that penalties vary from state to state.
| Infringement | Penalty amount | Demerit points |
|
Less than 13km/h over the speed limit
|
$174 | 1 |
|
At least 13km/h but not more than 20km/h over the speed limit
|
$261 | 3 |
|
More than 20km/h but not more than 30km/h over the speed limit
|
$435 | 4 |
|
More than 30km/h but not more than 40km/h over the speed limit
|
$609 | 6 |
|
More than 40km/h over the speed limit
|
$1,218 | 8 points and 6 month suspension |
In Queensland, double demerit points apply if the driver has committed more than one speeding offence in the past 12 months:
- Between 21km/hr and 30km/hr over the speed limit;
- Between 31km/hr and 40km/hr over the speed limit;
- Between 41km/hr or more over the speed limit.
Hiring a Traffic Lawyer
If you have been charged with a speeding offence and you wish to seek legal advice from a solicitor, you should look at hiring an experienced traffic lawyer. Doing so will greatly improve your chances of lessening the severity your penalty.
We offer free initial consultations (including in prisons) to assist with a number of traffic matters. Please get in touch with our lawyers either via Guest Lawyers’ email or by calling (07) 3211 3007. An experienced traffic lawyer from Guest will be more than happy to assist you.