What Happens If I Exceed 25 km/h Over the Speed Limit?

Driving more than 25 km/h over the speed limit is treated much more seriously than lower-level speeding offences in Victoria. 

If you are caught exceeding the speed limit by 25 km/h or more, you will face a mandatory licence suspension in addition to a substantial fine and demerit points. The exact consequences depend on the speed alleged and the offence with which you have been charged.

Will I Lose My Licence?

Yes.

Schedule 5 of the Road Safety Act 1986 (Vic) prescribes 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, over the speed limit, the minimum licence suspension is three months.

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

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

These are minimum suspension periods. In appropriate cases, the court has the power to impose a longer suspension.

Can the Court Reduce the Suspension?

No.

If Schedule 5 applies, the court has no discretion to reduce the minimum suspension period.

Many people ask the court to allow them to keep their licence because they need it for work, to run a business or to care for their family. Unfortunately, these personal circumstances do not give the court the power to reduce or waive the mandatory suspension.

What Other Penalties Apply?

In addition to losing your licence, you are likely to receive a financial penalty.

The amount of the fine depends on the particular offence and whether the matter proceeds by infringement notice or through the Magistrates’ Court.

Demerit points will also usually be recorded against your licence, although for many drivers the licence suspension is the most significant consequence.

Can I Challenge the Allegation?

Yes.

A speeding allegation can be challenged if there is a legitimate legal basis for doing so.

For example, there may be issues concerning the identification of the driver, the operation of the radar or laser device, the accuracy of the speed detection equipment or whether police complied with the relevant legal requirements.

Simply arguing that you were only briefly speeding, were overtaking another vehicle or needed to get somewhere quickly will not usually amount to a legal defence.

Before deciding whether to contest the charge, it is important to obtain legal advice about the strength of the prosecution case.

What If I Plead Guilty?

If you plead guilty to an offence that attracts a mandatory suspension under Schedule 5, the court must impose at least the minimum period prescribed by the legislation.

While your lawyer may be able to obtain a more favourable fine or sentencing outcome, the court cannot reduce the mandatory suspension below the statutory minimum.

Should I Get Legal Advice?

Yes.

Where your licence is at risk, it is important to understand the consequences before making any decisions about your case.

An experienced traffic lawyer can review the prosecution evidence, advise whether there are grounds to challenge the allegation and explain the consequences of pleading guilty compared with contesting the charge.

Speak to Wilkinson Lawyers

If you have been charged with speeding more than 25 km/h over the limit, Wilkinson Lawyers can help. We regularly represent clients facing serious speeding offences throughout Victoria. We can assess the prosecution evidence, explain whether a mandatory licence suspension applies and advise you on the best strategy to achieve the most favourable 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.