Options if you receive a speeding fine
If you are caught speeding and receive a speeding fine, you have three options:
- Pay the fine (and therefore accrue demerit points);
- Request a review of the fine by Revenue NSW;
- Elect to take the matter to Court.
If you decide to take the matter to Court (that is ‘elect’) on the matter, you cannot reverse that decision. Therefore, it is important to know when and why you might decide to take a matter to Court.
Considerations when determining if you should Court elect on a Speeding Fine
In some circumstances, if you are simply seeking that the fine amount be reduced, it may be best to consult Revenue NSW and enter into a payment plan rather than Court elect on a matter. That is because there are a number of potential consequences if you take the matter to Court.
Maximum Penalty
It is important to note that if you take a Speeding Fine to Court the maximum penalties that can be imposed by the Court are greater than the fine issued at first instance for the offence.
If you elect to take a speeding infringement notice to Court, the maximum penalty the Court can impose is a fine of up to $2,200.
Impact on Criminal History
If you elect to have the matter heard in Court you will be required to enter a plea. As the Court will need to record an outcome of the matter, if you plead guilty or are found guilty, the Court may record a conviction.
If you are convicted of the offence the demerit points will also be recorded.
The only way to avoid a fine, the demerit points and is to:
- Court elect and be found not guilty, or
- Court elect, plead guilty and have the offence dismissed pursuant to section 10(1)(a) or be dealt with by way of a conditional release order without conviction under Section 10(1)(b) of the Crimes (Sentencing Procedure) Act,
- Make an application under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (though this is usually unadvisable in Traffic related matters on the basis a finding made by a Court to finalise a matter in this way may lead to the cancellation of your drivers’ licence by Transport for NSW).
Demerit Points
If you choose to pay the fine, or you are convicted by a Court, the relevant number of demerit points will be added to your driving record. Demerit points are taken to be accrued at the time of the offence, so delaying payment will not help you avoid a suspension if you have accrued too many points for your class of licence.
It is important to note that these considerations are different if you are currently on a Good Behaviour Licence and have breached the conditions.
Breach of a Good Behaviour Licence
If you hold a Good Behaviour Licence, any traffic infringement for which you accrue 2 or more demerit points within the 12 months of the holding of that licence will result in your breaching the conditions of this licence.
The only way to avoid spending any time off the Road in these circumstances would be to challenge the Speeding Fine by electing to have the matter heard in Court.
The options available to you would be:
- Plead not guilty;
- Plead guilty and seek to have the matter dealt with under section 10 of the Crimes (Sentencing Procedure) Act (NSW) 1999; or
- Make an application under Section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (though this is usually unadvisable in Traffic related matters on the basis a finding made by a Court to finalise a matter in this way may lead to the cancellation of your drivers’ licence by Transport for NSW).
For more information about good behaviour licences, see our Blog.
How do I Court Elect on a Speeding Fine?
You can elect to go to Court any time up until the due date on the penalty reminder notice. If you have already paid the speeding fine you can still elect to go to court, so long as the election is made within 90 days of the penalty notice being issued.
Once Revenue NSW receives your court election, you will be sent a Court Attendance Notice (CAN). This means you will have to attend Court on a later date for your matter to be determined by the Court.
The process of electing to take an offence to Court requires you to either;
- Apply through Service NSW; or
- Attend on your Local Court Registry to file in person.
If you need assistance with court elections please contact our office.
Other Considerations
If you receive a speeding fine there may be further impacts on your licence. If any of the following apply to you, you face an automatic police suspension:
Unrestricted drivers
- Speeding 45km/h over the limit (not camera detected)
Learner, Provisional P1 or P2 drivers
- Speeding 30km/h over the limit (not camera detected only)
- Speeding 45km/h over the limit (not camera detected only)
Alternatively, you may face a Notice of Suspension from Transport for NSW in the following circumstances:
Unrestricted drivers
- Transport for NSW licence suspensions for speeding 30km/h over the limit
- Transport for NSW licence suspensions for speeding 45km/h over the limit (camera detected only)
Key Takeaways
- If you receive a speeding fine in NSW, you have options: pay the fine, request a review, or elect to take the matter to court.
- Electing to go to court may lead to higher penalties than the original fine, and a conviction could impact your criminal history.
- Paying the fine or being convicted results in demerit points being added to your driving record.
- Special considerations apply if you're on a Good Behaviour Licence or if you're a learner, provisional, or unrestricted driver.
Learner, Provisional P1 or P2 drivers
- Transport for NSW licence suspensions for exceeding the demerit point limit
- Transport for NSW licence suspensions for speeding 30km/h or 45km/h over the limit (camera detected only)
For more information on how to appeal either an automatic police suspension or a notice of Suspension from Transport for NSW, see our blog.
Traffic Law in NSW is complex and can often have a number of underlying considerations that might not be evident. Hamilton Janke Lawyers are recognised as Leading Traffic Lawyers in NSW and will be able to explain to you the way to deal with your matter.
If you or someone you know needs advice or representation for a speeding infringement, contact the team at Hamilton Janke Lawyer 24 hours a day, seven days a week by calling 4038 1666.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
