Speeding Offences

Speeding Offences

There are many different methods by which the police prove speeding offences.

The least reliable method of proving a speeding police is by an estimation. The police often utilise a "follow and time" approach where they keep a constant distance from your vehicle and measure the speed of your vehicle against theirs. The most common method is using a laser gun, radar or speed camera.

Cases involving the use of laser guns and/or speed camera's are complex. The prosecution have a number of advantages as they can tender certificates to the court which are considered as proof of certain elements of the speeding offence and you are required to essentially prove your innocence by rebutting the presumptions in such certificates.

It must be noted that you can be convicted of a speeding offence as an owner of a vehicle even though you were not driving.

There are many serious traffic offences where speeding is an element and a mandatory loss of a drivers licence is imposed by the court. These periods of mandatory loss of licence can be very lengthy. While many of the periods can not be reduced, there are circumstances in which the minimum penalties can be reduced.

It must be noted that payment of an expiation notice results in the loss of demerit points and often people only consider the impact of this when they are about to lose their drivers licence.

We recommend that you seek legal advice as soon as you have received an expiation notice or summons to determine whether the matter can be challenged or whether any loss of licence can be avoided or reduced.

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Call us for a no obligation consultation on 08 8523 8400 or email us at legal@rudalls.com.au.

Call us on 08 8523 8400