Speeding offences
South Australia’s leading speeding offence lawyers
Speeding offences range from minor offences where you may receive an expiation notice (a fine), to serious charges with loss of licence or possible imprisonment.
Defending speeding charges can be highly technical, so if you’re facing a serious penalty for a speeding offence, we recommend seeking our legal help as soon as possible.
Get in touch to find out more about our services.
Frequently asked questions about speeding offences
What are expiable offences?
Expiable offences are minor offences that are handled by expiation notices. For traffic offences such as minor speeding violations, the police can issue expiation notices. They are also known as on-the-spot fines or traffic fines.
Expiation notices are usually issued for most speeding offences where the alleged speed is less than 45 kilometres per hour (kph) over the speed limit.
When you pay the fine, demerit points are applied to your licence. The number of demerit points depends on the speed range. You can pay the fine without being convicted of the offence.
Here’s how demerit points apply to expiable offences:
Range (kilometres per hour) | Demerit points |
0 – 9 kph over the speed limit | 2 points |
10 – 19 kph over the speed limit | 3 points |
20 – 29 kph over the speed limit | 5 points |
30 – 44 kph over the speed limit | 7 points |
45 kph or more over the speed limit | 9 points |
Expiation notices allow you to pay the fee (the fine) without going to Court. However, if you deny committing the offence or you’re worried about the demerit point consequences, you can elect to be prosecuted for the offence.
You can do this by filling out a specific section on the expiation notice. If you elect to be prosecuted, the expiation notice is withdrawn and you will be charged with the offence, which means you’ll have to go to Court.
If you elect to be prosecuted, don’t pay the fee until you receive legal advice. Visit our expiation expiation notice page for more information.
What are excessive speed offences?
Excessive speed offences happen when a driver is 45kph or more over the speed limit.
While an expiation notice can be issued, there are significant penalties if you pay the fine because there are mandatory minimum licence disqualification periods:
- For first offences, the disqualification period is six months, and
- For subsequent offences, the disqualification period is two years.
Also, there are nine demerit points, which can lead to a further disqualification if you go over your demerit point limit.
Expiation notices don’t include consequences such as mandatory licence disqualifications and demerit points. If you’re issued with an expiation notice for excessive speeding, seek legal advice before you pay the fine. This is so you can decide whether to pay the fine or elect to be prosecuted.
Also, you’ll be issued an Instant Loss of Licence (ILOL) Notice for this offence, so you’ll be disqualified from driving immediately. Visit our Driver’s Licence Disqualification page for more information about ILOL and applying to Court to set it aside.
Once you’re issued with an ILOL, it’s a criminal offence to drive. The penalty can include imprisonment.
What are extreme speed offences?
South Australia has had extreme speed traffic laws since 2022. Extreme speed is defined as:
Zones (kilometres per hour) | Offence (kilometres per hour) |
In speed limit zones of 60 kph or less | Driving 55 kph or more above the speed limit |
In speed limit zones of more than 60 kph | Driving 80 kph or more above the speed limit |
There are severe penalties for extreme speed offences. They include:
- Mandatory minimum licence disqualification of two years for a first offence
- Mandatory minimum licence disqualification of five years for an aggravated offence
- Harsher penalties for subsequent offences.
Factors that would make this offence aggravated include:
- If you were in a police pursuit or a street race
- If you were disqualified at the time of the alleged offence
- If you had drugs or alcohol in your body (regardless of whether your driving was impaired because of the alcohol or drugs).
The South Australian Government is regularly introducing more specific speeding offences, with increasing penalties.
If the police reasonably suspect you committed an excessive driving offence, they will issue you an Instant Loss of Licence notice (ILOL). You will be immediately disqualified from driving. Visit our Driver’s Licence Disqualification page for more information about ILOL and applying to Court to set it aside.
It’s a criminal offence to drive when disqualified. The penalty can include imprisonment.
What should I know about dangerous driving offences for speeding and reckless driving?
Dangerous driving offences for speeding and reckless driving are different offences:
- Dangerous driving (speeding)
This offence arises when the very speed of the vehicle is enough to pose a danger to other road users.
- Dangerous driving (reckless driving)
This offence arises when the manner of driving is considered dangerous (this doesn’t always include speeding).
When a Court must decide whether speeding is dangerous driving, it will consider different factors, including:
- Road conditions
- The amount of surrounding traffic
- The possibility of pedestrians being nearby.
The penalty for a dangerous driving (speeding) offence is a fine and six demerit points. For first offences, there is a mandatory minimum licence disqualification of 12 months, with penalties increasing for subsequent offences.
If the police reasonably suspect you of a dangerous driving (speeding) offence, they will issue you with an Instant Loss of Licence Notice (ILOL). You will be immediately disqualified from driving. Visit our Driver’s Licence Disqualification page for more information about ILOL and applying to Court to set it aside.
It’s a criminal offence to drive when disqualified. The penalty can include imprisonment.
Are there any defences to traffic charges?
Most speeding offences are “strict liability” offences, which means the prosecution doesn’t have to prove that you intended to commit the offence. They can rely on evidentiary aids (see the section below for information about evidentiary aids).
Generally speaking, the only way to defend speeding charges is with a technical argument to exclude one or more evidentiary aids. If this happens, the prosecution can’t rely on the excluded evidentiary aids to prove the charge.
Excluding an evidentiary aid often requires technical analysis and complex legal arguments, so these charges are difficult to defend. However, we have significant experience and success in defending traffic charges, so we recommend seeking our legal help if you’re facing speeding charges that may seriously impact your life.
What are evidentiary aids, and how do the police use them?
If you wish to defend a speeding charge (rather than paying the fine and accepting the penalty), it’s up to the prosecution to prove that you committed the offence.
However, South Australian laws allow the police to use specific tools and devices known as “evidentiary aids” to help them prove traffic law offences. Evidentiary aids are documents that automatically count as legal proof of the facts set out in the document, for example:
- A speed gun was tested correctly and within a specific timeframe
- A red light camera was working properly
- A breath-testing device was used correctly
- There was a speed limit sign on the road
- A person was the driver of a vehicle
Defending a speeding charge when an evidentiary aid has been used is complicated.
Successfully challenging a speeding offence is highly technical because these evidentiary aids effectively become proof of the facts that the police or prosecution are relying on. Then, the onus is on you as the defendant to disprove them.
This makes it very difficult, but not impossible, to defend speeding charges. We’ve had success defending speeding charges by challenging evidentiary aids. It requires careful thought and discussion, so if you wish to defend a speeding charge, seek legal advice from one of our expert speeding offence lawyers.
How we can help
Very few traffic charges go to trial; most are resolved through negotiation. But if your ultimate goal is to keep your licence, and we can’t negotiate the charge, your only option may be to go to trial.
It’s a complex and technical undertaking to defend traffic charges where evidentiary aids such as speed guns are used. This is particularly because speed guns are calibrated devices.
However, we’re well known for our significant expertise and success in challenging and excluding evidentiary aids in our defence work. Our knowledge of case law and traffic legislation is extensive, and we understand the avenues available to avoid a licence disqualification.
We believe excellent communication with our clients is the key to building successful lawyer-client relationships, so we’ll always discuss risks, benefits and options to help you make informed decisions.
We’re highly experienced speeding offence lawyers in Adelaide, South Australia. Contact us to find out more.