Excessive Speed by 45 kilometres an hour or more

Excessive Speed by 45 kilometres an hour or more

Which court will hear the matter

This matter will be dealt with in the Magistrates Court of South Australia.

What the prosecution must prove

The prosecution must prove:

  • the speed limit; and
  • that you were driving a motor vehicle; and
  • that your vehicle was travelling at a speed of 45 kilometres per hour above the speed limit.

Defences

There are a range of possible defences including, but not limited to, the following:

  • you were not driving;
  • no proof of your speed;
  • defective equipment used to measure speed;
  • reasonable and honest mistake of fact (Proudman v Dayman defence);
  • duress;
  • necessity/emergency;
  • mental impairment.

Pleading guilty

Deciding whether or not to plead guilty has significant implications and should be made after discussing your case with our lawyers. If you decide to plead guilty to the offence, our lawyers can assist you to get the best possible result.

Penalties

For a first offence of exceeding the speed limit by 45 kilometres per hour, the maximum penalty is a $1,000 fine and you will be disqualified from holding a driver's licence for at least 6 months. For a subsequent offence, the maximum penalty is a $1,200 fine and you will be disqualified from holding a driver's licence for at least 2 years.

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