Often clients will be caught for travelling at a speed for which if the fine is paid will result in mandatory periods of suspension by the Road and Maritime Services (RMS).
The duration of such suspension will depend on the speed that you were alleged to be travelling at:
A speed greater than 30 km/hr will result in your licence being suspended for 3 months
A speed greater than 45 km/hr, will result in your licence being suspended for 6 months.
Immediate Police suspension:
Police have the authority to immediately suspend and confiscate your licence for offences such as:
A serious offence related to driving that can cause death and grievous bodily harm
Speeding greater than 45 km/hr.
Speeding greater than 30 km/hr over the the speed limit while holder of learner or provisional licence
In the case of a street racing offence
Driving that is unaccompanied by supervising driver while the holder of learner licence.
Defences to Speeding Matters
There are many ways that these sorts of serious speeding offences can be dealt with and it is important to speak to a solicitor at the earliest opportunity.
Irrespective of what many people believe, speeding fines can often be successfully challenged. It is important to analyse the method by which the speed was assessed; was it Lidar, Silver Eagle radar, a Check Speed, or an Estimate by the police and the area that the assessment was done in and the manner of that assessment..
We have previously defended many clients who have challenged speeding offences. There is the possibility on taking the matter to court that a finding can be made of a lesser speed, that brings the person into a different speed threshold which may reduce or completely avoid the licence loss. Further depending on the client's record and good character asking the court not to impose a conviction pursuant to section 10 of Crimes Sentencing Procedure Act, and in this case you will not lose your licence or demerit points.
Appeals Against RMS Or Police Suspensions
Depending on the facts it may be considered too impractical and risky to proceed with a full defence of a speeding charge. Accordingly it may be decided that the best way is to appeal against the RMS or police suspension by what is commonly called a licence appeal. You have the opportunity to challenge an automatic RMS or even the Police Suspension in court. In the case of a suspension by the RMS we need to prove that you are a fit and proper person to hold a licence and consider amongst other things the personal circumstances of the client, the circumstances in which the offence was committed and any other relevant matter. Chris Kalpage has successfully dealt with numerous cases involving appeals from RTA suspensions. Success is only possible by developing a strong and carefully considered case to present to the court.
In the case of a Police suspension we need to satisfy the legislative requirement of "exceptional circumstances" a narrower and more difficult though not insurmountable hurdle than a licence appeal involving an RMS suspension.
If you are charged with a traffic offence, contact Chris Kalpage, the head solicitor of Kalpage & Co Solicitors, 24/7, rather than facing worry and uncertainty on your own. For more details on driving while suspended, call us (02) 9230 0448 / 0418 211 074 or email: firstname.lastname@example.org