Skip to content

Speeding

Our laws set out various speeding offences, with differing penalties. Penalties can range from fines and demerit points, through to licence loss and imprisonment, depending on the seriousness of the offence.

Exceeding the speed limit

Road laws require that a driver must not drive over the speed limit. For offences in which the driver exceeds the speed limit by up to 44 kilometres per hour, fines and demerit points will apply, depending on the extent to which the speed limit was exceeded.

Excessive Speed

Excessive speed is a much more serious charge: It is an offence to drive a vehicle at more than 45 kilometres per hour above the speed limit

Penalties can be severe.

  • First time offenders face a mandatory licence disqualification for at least 6 months and fines ranging between $1,100 and $1,500.
  • Subsequent offenders face a mandatory licence disqualification for at least 2 years and fines ranging between $1,200 and $1,700.

If detected excessively speeding, you may be issued with an expiation notice or an on-the-spot-fine. The Police may also issue a Notice of Instant Loss of Licence (ILOL), which will disqualify you from holding or obtaining a drivers licence for a period of 6 months. If you elect to be prosecuted for the offence, the ILOL is cancelled. This means that you can continue driving for the time being. . You will then receive a summons to attend Court.

If the Court finds you guilty of the offence, it must impose the mandatory licence disqualification, as outlined above.

It is important to be aware that this offence also attracts up to nine demerit points upon payment of the expiation notice or a finding of guilt.

Extreme Speed  

There is a relatively new charge of Extreme Speed in South Australia. This is considered more serious than a charge of Excessive Speed and applies in lieu of Excessive Speed if a person is detected travelling at:

  • 55km/h or more above the speed limit where the speed limit is 60km/h or less; or
  • 80km/h or more above the speed limit where the speed limit is more than 60km/h.

If a person is detected allegedly committing an offence of Extreme Speed, they can receive an Instant Loss of Licence of up to 12 months by police and their vehicle may be impounded. Additionally, they will receive a Summons to attend at Court.

It is sometimes possible to have an Instant Loss of Licence Disqualification lifted, which will allow you to drive until the outcome of your Court case, and you should contact one of our lawyer to discuss your options if you have received an Instant Loss of Licence.

The penalties for this offence are very serious, including a maximum penalty of imprisonment up to three years for a basic offence or five years for an aggravated offence. In addition to any fine or prison sentence that is imposed, upon convicting a person of this kind of offence, the Court must also disqualify their licence for a period not less than two years for a basic first offence, or 5 years for an aggravated offence. If this is the second or subsequent time they are convicted of this offence, they will face a mandatory licence disqualification of up to 5 years.

As this is a very serious offence, and the defences to it can sometimes be technical, it’s imperative that you consult a lawyer before deciding to plead guilty.

Reckless and dangerous driving  

It is an offence to drive a motor vehicle recklessly or at a speed that is dangerous to the public.

In determining whether an offence has been committed, the Court must consider the circumstances under which the offence is said to have occurred, including the amount of traffic on the road at the relevant time.

This is a serious offence and if found guilty, penalties include:

  • For first time offenders, a mandatory licence disqualification of at least 12 months.
  • For subsequent offenders who offend within five years of their first offence, a licence disqualification of up to three years.
  • A maximum of two years’ imprisonment.
  • Up to six demerit points.

In addition to these penalties, you may also face a further administrative licence disqualification in addition to the Court imposed/mandatory licence disqualification.

Speed detection devices

Police speed detection devices can have varying margins of error. It may be possible to negotiate a reduction of the speed alleged or to contest the charge in its entirety. However, there is a range of technicalities to consider, which means that it is essential to seek legal advice if you wish to contest the charge.

Websters Lawyers has a team of traffic lawyers who are well-versed in all aspects of speeding charges. Contact us today to discuss how we can help.

Testimonials

It doesn't cost you anything to know where you stand

*Please note: Websters lawyers is a South Australian based law firm, handling matters exclusive to South Australia, with offices located in Adelaide, Ridgehaven, Smithfield and Christies Beach.

Subpage form
What is the best time to call you?
Scroll To Top