Speeding Offences at Ballarat Magistrates Court

Charged with speeding in Victoria?

If you have been charged with speeding or excessive speed, you may need to attend the Ballarat Magistrates Court. Wilkinson Lawyers can help you understand the charge, your options, and the likely impact on your licence.

Speeding becomes more serious if police allege that you were:

• driving 25 km/h or more over the speed limit
• driving 130 km/h or more
• driving at a speed that leads to automatic licence suspension.

Do I have to go to court for speeding?

Some speeding matters are dealt with by infringement notice. More serious matters, including excessive speed, may require you to attend the Magistrates’ Court.

If your matter is listed at Ballarat Magistrates Court, you should get advice before court so you understand whether you should plead guilty, contest the charge, or negotiate with the prosecution.

What are my options at court?

Pleading guilty

If you accept the speeding allegation, you can plead guilty. The Magistrate will hear a summary of what police say happened and then decide the penalty.

A plea of guilty may reduce the penalty because it shows cooperation and saves court time.

Pleading not guilty

If you dispute the speed, deny being the driver, or believe police cannot prove the charge, you may plead not guilty.

Your case may then be adjourned for a contest mention and, if unresolved, a contested hearing.

Can I defend a speeding charge?

Possible defences may include:

• you were not the driver
• the speed detection device was not properly operated
• there is a problem with the evidence
• you were speeding because of a genuine emergency
• you did not voluntarily drive at that speed, for example because of a medical event.

It is generally not a defence to say you were running late, did not see the speed sign, or did not realise how fast you were travelling.

What penalties can I receive?

The penalties depend on how far over the speed limit police say you were travelling.

For excessive speed, the court must suspend your licence for at least:

• 3 months if you were 25 km/h to less than 35 km/h over the limit
• 6 months if you were 35 km/h to less than 45 km/h over the limit
• 12 months if you were 45 km/h or more over the limit
• 3 months if you were driving 130 km/h or more.

There are no work licences or restricted licences in Victoria. If your licence is suspended, you cannot drive at all during the suspension period.

Will I get demerit points?

Most speeding offences carry demerit points. However, excessive speed offences usually involve licence suspension rather than demerit points.

The Magistrate cannot change the number of demerit points VicRoads applies.

Can my car be impounded?

In more serious speeding cases, police may seek to impound or immobilise your vehicle. This can apply where police allege very high speed, racing, police pursuit, or other serious driving behaviour.

What should I say to the Magistrate?

If you plead guilty, it is important to explain your circumstances clearly, including:

• your driving history
• why the offending happened
• whether you need your licence for work or family responsibilities
• your income and ability to pay a fine
• any steps you have taken since the offence.

A well-prepared plea can make a significant difference to the outcome.

Speeding lawyer Ballarat

Wilkinson Lawyers regularly appears at Ballarat Magistrates Court and can assist with speeding, excessive speed, careless driving, drink driving, drug driving, suspended driving and other traffic offences.
If you have been charged with speeding in Ballarat or regional Victoria, contact Wilkinson Lawyers for advice before your court date.

Need Advice About a Criminal Matter in Ballarat?

If you have been charged with a criminal offence or have Criminal Hearing at the Ballarat Magistrates Court, obtaining early legal advice is important. Wilkinson Lawyers provides representation in criminal law matters throughout Ballarat and regional Victoria, including:

• Ballarat;
• Bacchus Marsh;
• Maryborough;
• Ararat;
• Stawell;
• Horsham;
• Geelong;
• Bendigo;
• Warrnambool and
• Melbourne metropolitan courts; including Sunshine, Wyndham, Broadmeadows.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.