Is Speeding a Criminal Offence in the ACT?

Speeding as a Traffic Violation

In most cases, speeding in the ACT leads to traffic fines, demerit points, and possible license suspension. The penalties vary depending on how much the driver exceeds the speed limit, ranging from minor fines for low-level speeding to more serious consequences for excessive speeding.



When Speeding Becomes a Criminal Offence

Speeding can be classified as a criminal offence in the ACT under specific circumstances, such as:

Excessive Speeding

Driving at speeds significantly above the legal limit (e.g., 45 km/h or more over the limit) can be considered dangerous driving, which may lead to criminal charges.

• Speeding by more than 45km/h

If a person exceeds more than 45 km/h, they will incur six demerit points on their driving record, in addition to facing a fine and the potential for a license suspension.

• Speeding by 15km – 30km/h

A person who exceeds more than 15 km/h but less than 30 km/h will incur four demerit points on their driving record, along with a fine and the possibility of a license suspension.

• Speeding by up to 15km/h

In the ACT, a person who exceeds up to 15 km/h will incur three demerit points on their driving record, along with a fine and the potential for a license suspension.

Dangerous Driving

If speeding leads to reckless driving or dangerous driving behaviour, such as weaving through traffic or endangering pedestrians, it can result in criminal prosecution.



Aggravated Offences

If speeding results in injury, death, or property damage, the driver may face criminal charges for traffic offences such as negligent driving causing harm or culpable driving causing death.



Combining Speeding with Other Offences

Speeding while under the influence of alcohol or drugs, or engaging in a police pursuit, can result in criminal charges.



Penalties for Speeding in the ACT

In the Australian Capital Territory (ACT), penalties for speeding are enforced to promote road safety and compliance with traffic regulations. The penalties vary depending on how much the speed limit has been exceeded and can include the following:



Traffic Fines

Traffic Infringement Notice is issued for traffic offences like speeding, driving an unregistered vehicle, and reckless driving, among others. However, they do not cover parking violations. ACT Policing Traffic Representations can only review requests regarding traffic infringements that took place within the ACT or Jervis Bay Territory.



Payment Options for Traffic Fines

• Online
• In-person
• By post
• Bpay
• Over the phone



Request an Extension for Payment

You can request an extension to pay the infringement notice penalty within 28 days from the date you receive either the infringement notice or the reminder notice.

If you do not pay the penalty within this 28-day period, a reminder notice will be sent to you. The ACT Government will charge an additional fee of $34.00 for the cost of issuing the reminder notice.



File an Infringement Notice Declaration

To complete the following:

• Illegal User Infringement Notice Declaration 
• Known User Infringement Notice Declaration 
• Sold Vehicle Infringement Notice Declaration 
• Unknown User Infringement Notice Declaration 

Withdrawal of an Infringement Notice

If you have received a Traffic Infringement Notice or a Reminder Notice, you can submit an application to withdraw the notice or request additional time to apply for withdrawal within 28 days from the date it was served.



Demerit Points

Speeding offences not only result in fines but also carry demerit points that are added to a driver’s license. The number of demerit points assigned varies based on the extent to which the speed limit is exceeded. For instance, exceeding the speed limit by a small margin may incur fewer points, while significant violations can result in a higher point penalty.



License Suspension

For serious traffic offences or repeated speeding violations, the ACT Government may impose a suspension of the driver's license. However, when someone has their license suspended for a specific duration, they are prohibited from driving until that period ends. If caught driving during this disqualification, they will face legal charges and could potentially be sentenced to imprisonment.

Imprisonment

In severe cases, particularly for high-range speeding (exceeding the limit by a significant margin), individuals may face court proceedings. However, if you are caught speeding and get into an accident, you may be charged with negligent or culpable driving, especially if the incident leads to serious injury or death of another individual. Such charges can carry severe penalties, including imprisonment for up to 16 years.



How to Handle a Speeding Charge

Handling a speeding charge effectively can help mitigate the consequences and protect your driving record. Here’s a step-by-step guide on how to approach the situation



Stay Calm and Assess the Situation

If you receive a speeding ticket, remain calm and avoid confrontations with the law enforcement. It's important to remember that a traffic stop can be stressful, but how you respond can significantly impact the situation.



Review the Speeding Ticket

Carefully read the details on the speeding ticket, including the speed recorded, the speed limit in that area, and any other relevant information. Note the date, time, and location of the speeding offence.



Gather Evidence

Collect any evidence that may support your case, such as:

• GPS data or speedometer readings.
• Photos of the area that show unclear signage or road conditions.
• Witness statements if applicable.



Consider Your Options

Take the time to evaluate all your options, you can identify the best course of action that suits your needs and circumstances.



Pay the Fine

Accepting the charge and paying the fine may be the simplest option, but it could also result in demerit points and a record of the traffic offence.



Request a Hearing

You can contest the charge in court if you believe the speeding ticket was issued unfairly. Be prepared to present your evidence.



Seek Legal Advice

Understanding your rights is crucial, and seeking a strong defence from a criminal lawyer can significantly impact the outcome of your case.



Prepare for Court (if contesting)

If you choose to fight the charge, prepare your case by organising evidence, preparing your statements, and practicing your arguments. Understand the local laws and penalties related to speeding to effectively present your case.



Attend the Court Hearing

If you opt for a hearing, be punctual, dress appropriately, and be respectful in court. Present your case clearly and concisely, and listen carefully to the judge's or magistrate’s questions.



Follow Up

After the hearing, await the judge’s decision. If you are found guilty, consider the options available, including potential appeals or negotiating for a lesser penalty.



Takeaway

Speeding in the ACT is usually a traffic violation, but in some cases, it can become a criminal offence. Factors such as excessive speeding, repeat offences, or speeding in school zones can lead to serious charges like reckless driving, with penalties such as a criminal record, losing your license, or imprisonment. That's why it's important to know the laws, drive safely, and seek legal advice if facing serious charges.

If you find yourself in a situation where you’ve been charged with speeding or a more serious traffic offence, call Andrew Byrnes Law Group to book a free of charge meeting. As experts in criminal law, we specialise in a wide range of matters related to this area of the law, including traffic and driving offences.