Can I Avoid Losing My Licence for Speeding?

If you have been charged with speeding, you may be wondering whether you can avoid losing your licence. The answer depends principally on how far over the speed limit you are alleged to have driven. 

Some speeding offences result in a fine and demerit points, while excessive speeding offences carry mandatory minimum licence suspension periods under Schedule 5 of the Road Safety Act 1986 (Vic).

When Is Licence Suspension Mandatory?

A licence suspension is mandatory if you are found guilty of exceeding the speed limit by 25 kilometres per hour or more.

Schedule 5 of the Road Safety Act sets out the following minimum suspension periods:

• 25 kilometres per hour or more, but less than 35 kilometres per hour, over the speed limit carries a minimum suspension of three months.
• 35 kilometres per hour or more, but less than 45 kilometres per hour, over the speed limit carries a minimum suspension of six months.
• 45 kilometres per hour or more over the speed limit carries a minimum suspension of 12 months.
• A minimum three-month suspension also applies where a person drives at 130 kilometres per hour or more and the offence does not otherwise fall within one of the categories above. This may apply where the amount over the applicable speed limit is less than 25 kilometres per hour.

These are minimum periods. The court may impose a longer suspension if it considers that appropriate in the circumstances.

What If I Was Less Than 25 Kilometres Per Hour Over the Limit?

A speeding offence involving less than 25 kilometres per hour over the applicable limit will not carry a mandatory suspension under Schedule 5.

However, you may still receive demerit points. If those points cause you to reach or exceed your demerit point limit, VicRoads may suspend your licence under the demerit point system.

There are also specific consequences for driving between 20 and 24 kilometres per hour over the limit in a 110-kilometre-per-hour zone. Because this results in a speed of at least 130 kilometres per hour, a mandatory three-month suspension may apply.

Can the Court Reduce the Minimum Suspension?

No.

Where Schedule 5 applies, the court cannot impose a suspension shorter than the statutory minimum. This remains the case even where losing your licence will cause severe financial or personal hardship.

The court cannot reduce the minimum period because you require your licence for employment, operate a business, live in a regional area or care for children or other family members.

Your personal circumstances may still be relevant to the fine or other aspects of the sentence, but they do not permit the court to avoid the mandatory minimum suspension.

Is a Work Licence Available in Victoria?

Victoria does not have a work licence or restricted licence that allows a person to continue driving for employment during a speeding suspension.

A court cannot permit you to drive at particular times, for particular purposes or in a particular area simply because your employment depends upon your licence.

If a mandatory suspension applies, you must not drive during that period.

How Can I Avoid Losing My Licence?

Where a speeding charge carries a mandatory suspension, the only practical way to avoid that suspension is usually to contest the charge successfully.

This requires more than asking the court for leniency. You must establish a defence or demonstrate that the prosecution cannot prove the offence beyond reasonable doubt.

Depending on the circumstances, relevant issues may include whether you were the driver, whether the speed detection device was operated correctly, whether police complied with the prescribed requirements and whether the evidence reliably establishes the alleged speed.

The fact that you urgently needed to reach your destination, were overtaking another vehicle or believed it was safer to accelerate will not ordinarily provide a defence to speeding.

Can Police Evidence Be Challenged?

Yes, but successfully challenging speed detection evidence can be difficult.

Police may rely on radar, laser, speed camera, pacing or other evidence to establish the speed of a vehicle. A challenge may involve examining whether the device was approved, tested and operated in the prescribed manner.

An internal review of an infringement is unlikely to provide a detailed examination of how the police device was used. If you wish to test the police evidence and attempt to avoid a mandatory suspension, you will generally need to elect to have the matter determined in court.

Taking a speeding matter to court carries risks. If you plead not guilty and are convicted, the court may impose the mandatory suspension together with a fine and legal costs. Legal advice should therefore be obtained before deciding whether to contest the charge.

What Happens If I Plead Guilty?

If you plead guilty to a speeding offence that falls within Schedule 5, the court must impose at least the applicable minimum suspension.

A plea of guilty may reduce the fine or otherwise assist your sentencing outcome, but it cannot reduce the licence suspension below the statutory minimum.

Before pleading guilty, you should understand the precise speed alleged, the applicable minimum suspension and whether there is any proper basis upon which the charge could be challenged.

Speak to Wilkinson Lawyers

If you have been charged with excessive speeding and are concerned about losing your licence, Wilkinson Lawyers can assess the police evidence and explain the consequences that apply under Schedule 5 of the Road Safety Act.

We regularly represent clients charged with serious speeding and traffic offences throughout Victoria. We can advise whether the suspension is mandatory, identify any legitimate issues with the prosecution case and help you make an informed decision about whether to plead guilty or contest the charge.

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