Speeding Offences in NSW — Fines, Demerit Points, and Court Elections

Caught speeding in NSW? Whether you receive a penalty notice in the mail or are stopped by police, speeding offences carry fines, demerit points, and potential licence suspension. For excessive speeding, you may be charged with a criminal offence and required to appear in court, where you face disqualification and even imprisonment.

At Barsha Defence Lawyers, we assist clients across Greater Sydney with speeding matters — from challenging speed camera penalties to defending excessive speeding charges in court. We also help clients make informed decisions about whether to pay the fine or elect to have the matter heard in court. This guide explains the penalties, your options, and when to get legal advice.

Types of Speeding Offences in NSW

Speeding offences in NSW fall into different categories depending on how much you exceeded the speed limit:

1. Minor Speeding (Up to 10 km/h Over)

Penalty notice only — fine and demerit points. No court appearance required unless you elect to challenge it.

2. Moderate Speeding (11-20 km/h Over)

Penalty notice — higher fine and more demerit points. You can pay the fine or elect to go to court.

3. Serious Speeding (21-30 km/h Over)

Penalty notice with significant fine and demerit points. You can elect to go to court to argue for a reduced penalty or Section 10 dismissal.

4. Excessive Speeding (More Than 30 km/h Over)

Criminal offence — you will receive a Court Attendance Notice requiring you to appear in court. This carries potential licence disqualification and imprisonment for speeds more than 45 km/h over the limit.

Penalties for Speeding in NSW

The penalties depend on how far you exceeded the speed limit:

Court-Elected Speeding Matters

For speeding offences under 30 km/h over the limit, you receive a penalty notice that you can either pay or elect to have dealt with in court. Many people choose to go to court because:

• They want to avoid or reduce demerit points
• They are at risk of licence suspension due to demerit accumulation
• They believe the speed detection was inaccurate
• They have a defence to the charge
• They want to argue for a Section 10 dismissal to avoid a conviction

Section 10 Dismissals for Speeding

Under section 10 of the Crimes (Sentencing Procedure) Act 1999, a court can find you guilty of speeding but dismiss the charge without recording a conviction. This means:

• No conviction recorded
• No fine imposed (in most cases)
• No demerit points
• No impact on your driving record

Section 10 dismissals are commonly granted for minor speeding offences (particularly first offences) where you have a clean driving record and strong mitigating circumstances.

Excessive Speeding — Criminal Charges

If you were driving more than 30 km/h over the speed limit, you will be charged with a criminal offence under the Road Transport Act 2013 and required to appear in court. You cannot simply pay a fine — you must attend court and face a magistrate.

Penalties for Excessive Speeding

For excessive speeding (more than 30 km/h over):

• First offence: Maximum fine $2,200, automatic licence disqualification (minimum 3 months for 31-45 km/h over, minimum 6 months for 45+ km/h over)
• Second offence: Maximum fine $3,300, automatic disqualification (minimum 6 months for 31-45 km/h over, minimum 12 months for 45+ km/h over)
• Speeds over 45 km/h: Up to 6 months imprisonment for a first offence, 12 months for a second offence

The court must impose a period of licence disqualification. However, strong legal representation can persuade the magistrate to impose the minimum disqualification period rather than a longer one, and to avoid imprisonment.

Defences to Speeding Charges

Before deciding how to plead, always have the evidence reviewed by a lawyer. Common defences include:

Speed Detection Was Inaccurate

Speed cameras and police radar/lidar devices must be properly calibrated and maintained. If there are errors in the calibration records, procedural failures, or if the device was not operated correctly, the reading may be unreliable and the charge can be challenged.

You Were Not the Driver

If you were not driving the vehicle at the time (for example, it was a speed camera detection and someone else was driving), you can nominate the actual driver or challenge the prosecution's evidence that you were driving.

Necessity or Emergency

In very limited circumstances, necessity may provide a defence — for example, where you were speeding to escape an immediate threat of serious harm or to get urgent medical assistance. The emergency must have been real, immediate, and there must have been no reasonable alternative.

Honest and Reasonable Mistake

If you genuinely and reasonably did not know you were exceeding the speed limit — for example, because speed limit signs were obscured or missing — this may provide a defence in limited circumstances.

What Happens If You Lose Your Licence Due to Demerit Points?

If you accumulate too many demerit points, Transport for NSW will issue a licence suspension notice. The suspension period is:

• 3 months for 13-15 demerit points
• 4 months for 16-19 demerit points
• 5 months for 20+ demerit points

You can appeal the suspension to the Local Court, but appeals are difficult and rarely successful unless there are exceptional circumstances or procedural errors. See our Licence Appeals page for more information.

Camera-Detected Speeding vs Police-Detected Speeding

Speed Cameras

Fixed speed cameras, mobile speed cameras, and point-to-point cameras automatically detect speeding vehicles and issue penalty notices by mail. You have 21 days to either pay the fine or elect to go to court.

Police Radar/Lidar

When stopped by police using radar or lidar, you will typically receive an on-the-spot penalty notice. Police may also issue a Court Attendance Notice for excessive speeding.

Should You Pay the Fine or Go to Court?

Consider electing to go to court if:

• You are close to losing your licence due to demerit points
• You depend on your licence for work or family responsibilities
• You have a clean driving record and want to argue for a Section 10 dismissal
• You believe the speed detection was inaccurate
• You have a defence to the charge

Do not elect to go to court if you have no defence and no mitigating circumstances — you will likely receive the same or a higher penalty, and you will incur legal costs.

What Barsha Defence Lawyers Will Do

When you retain us for a speeding matter:

• Review the penalty notice or court attendance notice and assess the evidence against you
• Advise on whether you should pay the fine or elect to go to court
• For court-elected matters, prepare comprehensive submissions arguing for a Section 10 dismissal or reduced penalty
• Obtain character references and evidence of your clean driving record and personal circumstances
• For excessive speeding charges, build the strongest case to avoid disqualification or imprisonment
• Challenge speed detection evidence where inaccurate or unreliable
• Appear in Parramatta, Blacktown, Penrith, Windsor, and all NSW Local Courts

Frequently Asked Questions

Can I get a Section 10 for speeding?

Yes — Section 10 dismissals are commonly granted for minor speeding offences (particularly first offences under 20 km/h over) where you have a clean driving record and strong mitigating circumstances. Your lawyer will advise on your realistic prospects.

Will I lose my licence for one speeding offence?

For minor speeding (under 30 km/h over), you will not lose your licence unless the demerit points cause you to exceed your limit. For excessive speeding (30+ km/h over), automatic disqualification applies.

Can I challenge a speed camera fine?

Yes, but it is difficult. You must elect to go to court within 21 days and challenge the accuracy of the camera or argue you were not the driver. Speed cameras are presumed accurate unless you can demonstrate calibration errors or procedural failures.

What if I was only 1-2 km/h over the limit?

Speed detection devices have a margin of error. For readings close to the limit (1-3 km/h over), there may be grounds to challenge the accuracy of the reading, particularly if the device was not properly calibrated.

Can I go to jail for speeding?

Yes, but only for excessive speeding more than 45 km/h over the limit. Imprisonment is rare for first offences but becomes a realistic possibility for second offences or where there are aggravating factors (such as dangerous driving).

What if I need my licence for work?

The court will consider this at sentencing and it can support an argument for a Section 10 dismissal or reduced disqualification period. However, work dependency alone will not prevent disqualification for serious speeding offences.

Related Traffic Offences

• Drink Driving (PCA)
• Dangerous Driving
• Negligent Driving
• Licence Appeals
• Driving Whilst Disqualified

The information on this page is general and does not constitute legal advice. Every speeding matter is different. Contact Barsha Defence Lawyers for advice tailored to your situation. Liability limited by a scheme approved under Professional Standards Legislation.