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Speeding

Speeding Offence

To give you a better understanding of what you are dealing with, let us first define speeding.

Speeding is basically an offence charged to anyone who drives faster than the posted speed limit. However, that is not the only condition as speeding also applies to those who drive at an unreasonable speed during certain circumstances – fog, rain, high-traffic volume, etc.

The offender will receive an infringement notice via mail most commonly and delivered directly to the registered operator of the vehicle. This notice details the alleged offence with a photograph of the car/motorcycle. Additionally, it will ask the offender to pay the fine within 28 days, elect to go to court, or – in the case where the registered operator is not driving the vehicle during the incident – nominate the driver.

How the Authorities Know You Are Speeding

As they say, you cannot be charged with an offence without probable cause. That is why the authorities have thousands of speed detection devices to help them catch speeding offenders. There are several types of speed detection devices that you need to be familiar with – especially if your vehicle was captured by one of these and you plan to challenge the offence.

Each device used to record the alleged infringement is considerably different from the other, and it is of utmost importance to know them to increase the odds of a successful defence or to significantly lessen the penalties. Here are the three core devices that you should be aware of:

Fixed Speed Cameras

These devices are the ones typically seen at intersections or along the road spread all over Queensland. Although their locations may seem random, it is actually not. These speed cameras are placed precisely on areas where there is a high ratio of accidents or if the area is not safe for enforcement officers to be deployed.

As an added purpose, fixed speed cameras are also designed to encourage carefulness to drivers as they are most often accompanied by signs to make them aware of the device ahead. These signs remind individuals to abide by the permitted speed and promote safety.

The cameras use in-road sensor and radar technology to identify speeding accurately. This device will then take a picture of a vehicle that has been speeding. The image will be sent to the Traffic Camera Office. Afterwards, the office will then process the infringement notice and mail it to the offender.

Point-to-Point Cameras

A more accurate version of the fixed speed camera is the point-to-point device. Instead of recording the speed of your vehicle once, it does it twice from different devices installed at various locations on the same road.

By calculating your speed at two different points of the road and equating the average, it is likely to provide a more precise recording. Of course, if your vehicle’s speed surpasses the speed limit, it will take a photograph, and send it to the Traffic Camera Office where they will process your infringement notice.

Portable Speed Cameras

Unlike the first two devices that we have discussed above, this one is different (although they work using the same technology as of a fixed and point-to-point speed camera). A portable speed camera is not automated and can only function when used by a police officer. There are two versions of this device, but they work almost the same:

  • Handheld Portable Speed Cameras – The first and most common one is typically known as “radar guns.” It is used by an officer to point at incoming vehicles and calculate their speed. When it detects a speeding vehicle, it will take a picture of it.
  • Vehicle-Installed Speed Cameras – Identical to a handheld version but the only thing different is that it is attached to an officer’s service vehicle. Instead of pointing the device, the car merely parks on the road side and automatically calculates the speed of oncoming vehicles.

Police officers have full authority in using these cameras. They can operate it at any time of the day and place. Furthermore, they are also allowed to use undercover police cars to conduct the operation and catch offenders.

However, because they are operated by humans, there is a slightly higher probability of error. An officer may point and stop at the wrong vehicle, or they may incorrectly calibrate the device. Thus, some of the alleged speeding offenders may be wrongfully accused and may successfully challenge the offence.

These mistakes aren’t common, but if you believe you were mistakenly charged with speeding, do not hesitate in contacting us. Hollows Boonen Lawyers are experts in Traffic Law and can increase the odds of a successful defence.

The Penalties for Speeding

The penalty varies on the severity of the offence. Primarily, the base penalty for exceeding the speed limit – less than 13 km/h – is $162 together with 1 demerit point to the offender.

Here are the current speeding penalties that you should be aware of:

  • Over the speed limit but not exceeding 13 km/h — $162 together with 1 demerit point
  • Beyond 13 km/h but not exceeding 20 km/h — $243 together with 3 demerit points
  • Beyond 20 km/h but not exceeding 30 km/h — $406 together with 4 demerit points
  • Beyond 30 km/h but not exceeding 40 km/h — $568 together with 6 demerit points
  • Beyond 40 km/h — $1,137 together with 8 demerit points and licence suspension of 6 months

If you already have a speeding offence that exceeds the 20 km/h category and have, again, committed another offence within 12 months, the recent offence will have twice the demerit points than usual. However, the fine will remain the same. Hence:

  • 21 km/h and above but not exceeding 30 km/h — 8 demerit points
  • 31 km/h and above but not exceeding 40 km/h — 12 demerit points
  • 41 km/h and above — 16 demerit points and licence suspension of 6 months

What Hollows Boonen Lawyers Can Do for You

If you are in this kind of situation, Hollow Booner Lawyers are Traffic and Drink Driving Law professionals that can assist you in making the best possible choice. For every alleged speeding offence, there is always a viable option that can give you a favourable outcome. Give us a call so we can help you create the most optimal approach on your matter.

 

We are on call 24 hours 7days.  If you need a Lawyer, call us any time on 1800 465 569 or 0411 881 030

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Traffic & Criminal Lawyers Brisbane and Gold Coast | Hollows Boonen