Excessive Speeding in Tasmania
In Tasmania, excessive speeding is taken very seriously, and the penalties can be severe. If a person is caught driving over the speed limit, the consequences include fines, demerit points, and even license suspension. This page deals with excessive speeding in Tasmania.
Penalties for excessive speeding offences
The penalties for excessive speeding in Tasmania depend on the speed at which you were driving. If you were driving 23 – 29 km/h over the speed limit, you will face a fine of $317. You will also accrue three demerit points.
If you were driving 30 – 37 km/h over the speed limit, you will face a fine of between $543. You will also accrue five demerit points.
If you were driving 38 – 44 km/h over the speed limit, you will face a fine of between $769. You will also accrue six demerit points and a three-month license disqualification.
If you were driving 45 km/h or more over the speed limit, you will face a fine of $1041. You will also accrue six demerit points and a four-month license disqualification.
In Tasmania, demerit points are assigned to a person’s license for any driving offences they commit. If a person accumulates a certain number of demerit points within a three-year period, their license may be suspended or cancelled. The number of points that can be accrued depends on the type of license held.
When a person has a period of license disqualification imposed, they are not allowed to drive for a period of time. If a person drives while their license if disqualified, they are committing a criminal offence.
Restricted driver’s licenses
In certain circumstances, a person may be able to apply to the Magistrates Court for a restricted driver’s license if they have committed a driving offence that would ordinarily result in license suspension.
A restricted driver’s license allows a person to drive for specific reasons, such as for work or medical appointments. To apply for a restricted driver’s license, a person must meet certain criteria, such as showing that a license suspension would cause them extreme hardship.
Fighting a speeding fine
If you receive a speeding fine in Tasmania, you can either pay the fine or challenge the infringement in court. To challenge the fine, you will need to complete the form on the back on the infringement to indicate you are electing to have the matter dealt with by a court. You will then receive a summons to attend court.
If you choose to plead not guilty in court, you will have to go through the same processes as a person pleading not guilty to a criminal charge. This will include obtaining the brief of evidence from the police, attending a contest mention and then running a contested hearing.
You may be found not guilty of a speeding offence if the court is satisfied that:
- The car was not exceeding the speed limit
- You were not the driver of the car
- You had a legal defence – for example, you were speeding because of an emergency situation or were acting under duress
If you are found guilty of an excessive speeding offence by a court, you may face additional costs on top of any fine that is imposed, such as legal fees and court costs.
The costs involved in fighting a speeding fine in Tasmania can vary depending on the circumstances. If you represent yourself and are successful, you may not incur any additional costs. However, if you are represented by a lawyer in court, you will need to pay their fees. Additionally, if you are unsuccessful in your challenge, you may be required to pay court costs and other fees.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.