What Are the Penalties for Excessive Speeding?

Being caught driving well above the speed limit can have serious consequences in Victoria. Excessive speeding offences attract much harsher penalties than lower-level speeding infringements and, depending on the speed alleged, may result in a mandatory licence suspension, a substantial fine and demerit points. 

If you have been charged with excessive speeding, it is important to understand what penalties apply and whether there is any basis to challenge the allegation.

What Is Considered Excessive Speeding?

Excessive speeding generally refers to driving significantly above the applicable speed limit.

Under the Road Safety Act 1986 (Vic), mandatory licence suspension periods apply to certain speeding offences involving speeds of 25 km/h or more above the speed limit. Separate provisions also apply to drivers travelling at 130 km/h or more in particular circumstances.

The penalties become more severe as the alleged speed increases.

Will I Lose My Licence?

In many cases, yes.

Schedule 5 of the Road Safety Act 1986 (Vic) sets out the mandatory minimum licence suspension periods for excessive speeding offences.

If you are found guilty of driving:

• 25 km/h or more, but less than 35 km/h, above the speed limit, the minimum licence suspension is three months.

• 35 km/h or more, but less than 45 km/h, above the speed limit, the minimum licence suspension is six months.

• 45 km/h or more above the speed limit, the minimum licence suspension is 12 months.

A minimum three-month suspension also applies where a person drives at 130 km/h or more and the offence does not otherwise fall within one of the excessive speeding categories.

These are mandatory minimum periods. The court may impose a longer suspension if the circumstances justify it.

Can the Court Let Me Keep My Licence?

Not if a mandatory suspension applies.

Many drivers ask the court to take into account the fact that they need their licence for work, to operate a business or to care for family members. While those matters may be relevant to other aspects of sentencing, they do not allow the court to reduce or avoid a mandatory licence suspension.

Victoria does not have a work licence that permits a person to continue driving during a mandatory speeding suspension.

What Other Penalties Can Apply?

In addition to a licence suspension, excessive speeding offences usually attract a financial penalty and demerit points.

The amount of the fine depends on the offence and how the matter is dealt with. If the matter proceeds to court, the Magistrate will determine the appropriate penalty having regard to the legislation and the circumstances of the offending.

For the most serious speeding offences, the financial consequences can be substantial.

Can I Challenge an Excessive Speeding Charge?

Yes.

Police must prove the speeding offence beyond reasonable doubt. Depending on the circumstances, there may be issues concerning the operation of the radar or laser device, the identity of the driver, the admissibility of the evidence or whether the speed detection equipment was used correctly.

A successful challenge may allow you to avoid both the conviction and the mandatory licence suspension.

However, simply arguing that you were only speeding briefly, were overtaking another vehicle or were running late will not usually amount to a legal defence.

Why Legal Advice Is Important

Once a speeding offence reaches the threshold for a mandatory licence suspension, the consequences become significantly more serious.

Before deciding whether to plead guilty or contest the charge, it is important to understand the strength of the prosecution case and whether there are any legal issues that may affect the outcome.

Obtaining legal advice early ensures you can make informed decisions before your court date.

Speak to Wilkinson Lawyers

If you have been charged with excessive speeding in Victoria, Wilkinson Lawyers can help. We regularly represent clients facing serious traffic offences throughout Victoria. We can assess the prosecution evidence, explain the penalties that apply under the Road Safety Act and advise you on the strongest strategy to achieve the best possible outcome.

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