hello@nationaltrafficlawyers.com.au

1800 NSW LAW

NTL HORIZONTAL LOGO

SPEED CAMERA

  • WE ARE HERE TO HELP

One off fixed fee for specified services

CALL US NOW
MESSAGE US NOW

No Fuss - No Surprises

If It Is Urgent or Important , Have The Best Team Fight For Your Rights !!

Expert Traffic Law Specialists in Sydney

Speeding Detected by a Camera is a Serious Offence

Speeding detected by a camera is considered a serious traffic offence due to the safety risks it poses. While not as severe as some criminal driving offences, it carries significant penalties and can have serious consequences for your driving record and license status.

What is a Speed Camera Offence?

A speed camera offence occurs when a vehicle is detected by a fixed or mobile speed camera traveling above the posted speed limit. These cameras use various technologies to measure vehicle speed and capture photographic evidence of the offence.

What Does the Prosecution Need to Prove?

For a speed camera offence, the prosecution generally needs to prove:

  1. The vehicle was traveling above the posted speed limit
  2. The speed detection device was accurate and properly calibrated
  3. The accused was the driver of the vehicle at the time of the offence

The prosecution typically relies on the photographic evidence and data from the speed camera, which is considered accurate unless proven otherwise.

What Are the Police Roadside Powers?

While speed cameras often operate automatically, police also have the power to:

  • Use mobile speed detection devices
  • Issue on-the-spot fines for speeding offences they witness
  • Use the camera evidence to issue infringement notices
  • Require drivers to identify themselves if suspected of committing a speeding offence

What Are Other Related Charges to Speed Camera?

Other charges that may be related to or accompany a speed camera offence include:

  • Dangerous driving (in cases of extreme speeding)
  • Negligent driving
  • Driving an unregistered vehicle (if detected by the camera)

CASE STUDY

In a recent case in South Australia, a driver challenged a speeding fine based on the accuracy of the speed camera. The court upheld the fine, citing the legislative “aids to proof” that presume the accuracy of certified speed detection devices unless proven otherwise.

Summary Court Process (Local Court)

Most speed camera offences are dealt with by way of infringement notice without court attendance. However, if you choose to contest the fine:

  1. You can elect to have the matter heard in the Local Court
  2. You’ll receive a Court Attendance Notice with a hearing date
  3. At the hearing, you can plead guilty or not guilty
  4. The magistrate will HERE evidence and make a decision

Indictable Court Process (District Court or Supreme Court)

Speed camera offences are not indictable and are not dealt with in higher courts unless part of more serious charges.

Local Court Sentencing Options

If found guilty in the Local Court, sentencing options include:

  • Fine (up to the maximum specified for the offence)
  • Good behavior bond
  • Conditional Release Order
  • No conviction recorded (Section 10 dismissal)

Penalities

Penalties for speeding offences detected by cameras vary depending on the degree of speeding and the jurisdiction. Generally, they include:

  • Fines (increasing with the level of speeding)
  • Demerit points (also increasing with speed)
  • License suspension for high-range speeding offences

Speed Camera

Don't risk your future by facing Speed Camera charges alone. Contact National Traffic Lawyers today for a free consultation with our expert traffic lawyers. We'll fight tirelessly to protect your rights and achieve the best possible outcome for your case. Call now or visit our website to book an appointment.
CALL US NOW FOR HELP

Speed Camera Locations

Speed camera locations in New South Wales (NSW) are strategically placed to enhance road safety and reduce speeding-related accidents. As of 2024, NSW employs three main types of speed cameras: fixed speed cameras (including school zone fixed cameras), mobile speed cameras, and red-light speed cameras. Fixed speed cameras are typically installed in high-risk areas such as tunnels, while mobile speed cameras are rotated between different locations to maintain unpredictability. Red-light speed cameras are positioned at intersections with traffic lights to detect both speeding and red-light violations.

The NSW government has recently announced plans to significantly expand the mobile speed camera program by adding 2700 new sites, primarily in regional areas. This expansion aims to address the post-Covid increase in road fatalities, with regional NSW set to receive 1650 of these new sites. Despite the increase in potential locations, the total enforcement hours will remain at approximately 21,000 per month across the state. To check specific speed camera locations, NSW residents and visitors can use an online tool provided by Service NSW, which allows searches by location, road, and camera type. This comprehensive approach to speed camera deployment reflects the government’s commitment to improving road safety throughout the state.

Based on the search results, HERE are some key points on how to challenge the accuracy of a speed camera:

  1. Gather evidence: If you have evidence that contradicts the speed camera reading, such as GPS data or dashcam footage showing your actual speed, collect it
  • Request a review: Before going to court, you can request a review of the fine and provide any evidence you have that shows the reading may be inaccurate
  • Elect to go to court: If you want to formally challenge the fine, you'll need to elect to have the matter heard in court
  • Seek legal advice: It's recommended to consult with a traffic lawyer before proceeding to court, as challenging speed camera evidence can be complex
  • Be aware of legal presumptions: In many jurisdictions, tHERE are legal "aids to proof" that presume speed cameras are accurate unless proven otherwise. This means the burden is on you to prove inaccuracy
  • Expert evidence may be required: In some cases, you may need to provide expert testimony to challenge the accuracy of the speed camera
  • Consider costs: Weigh the potential costs of going to court (including time off work) against the fine amount
  • Possible outcomes: If successful, the fine may be withdrawn. If unsuccessful, you may face court costs in addition to the original fine
  • Accuracy of fixed cameras: Be aware that fixed speed cameras using physical timing strips in the road are generally considered very accurate

Remember, successfully challenging a speed camera reading can be difficult without strong evidence. It's important to carefully consider your options and seek legal advice if you decide to contest the fine in court.

Based on the search results, tHERE are a few key points to consider regarding contesting a speed camera fine and potentially reducing demerit points:

  1. Challenging accuracy: You can challenge the accuracy of a speed camera, but this is often difficult without strong evidence. You may need expert testimony to prove inaccuracy
  • Requesting a review: Before going to court, you can request a review of the fine and provide any evidence you have that shows the reading may be inaccurate
  • Official warnings: In Victoria, for speeds less than 10 km/h over the limit, you may be eligible for an official warning instead of a fine and demerit points, but this depends on your driving history
  • Demerit point appeals: In Victoria, you can only appeal demerit points in very limited circumstances, such as if they were recorded or calculated incorrectly. You cannot appeal simply because you disagree with receiving the points
  • Nominating another driver: If you weren't driving at the time, you can nominate the actual driver, which would transfer the fine and demerit points to them
  • Extenuating circumstances: Some jurisdictions may consider withdrawing or reducing penalties if tHERE were emergency circumstances

It's important to note that simply contesting a fine does not automatically lead to a reduction in demerit points. The demerit points are typically tied to the offense itself, not the fine amount. If you successfully prove you didn't commit the offense or that the camera was inaccurate, then the demerit points would be removed along with the fine. However, getting a reduced fine doesn't necessarily mean reduced demerit points. If you're considering contesting a speed camera fine, it's advisable to seek legal advice to understand your options and the likelihood of success in your specific situation.

Based on the search results provided, HERE are some key points about how your driving record can affect the outcome of an appeal for a traffic offence:

  1. Your driving history is an important factor that authorities consider when making decisions about driver authorizations and penalties. It demonstrates your competence and suitability to drive safely and responsibly.
  2. When assessing your driving history, authorities typically look at:
    • The severity of past offences
    • The frequency of offences
    • Whether offences occurred while driving a public passenger vehicle
  3. A clean driving record or history of safe driving can work in your favor during an appeal. Conversely, a history of repeated or serious offences may negatively impact your appeal.
  4. For some offences, like speeding, your driving history can affect whether you're eligible for an official warning instead of a fine and demerit points. This is particularly relevant in Victoria for speeds less than 10 km/h over the limit.
  5. Your driving record can influence a magistrate's decision on penalties if you're found guilty. They consider factors like whether you've been found guilty of similar offences before.
  6. In some jurisdictions, like Queensland, a person's driving history can affect their suitability to hold certain driver authorizations, such as for public passenger services.
  7. It's important to note that for demerit point appeals, you generally can't appeal simply because you disagree with receiving the points. Appeals are usually limited to cases wHERE points were recorded or calculated incorrectly.
  8. Your overall criminal record, which includes traffic offences, may be considered in court proceedings and can influence the outcome of your appeal.

Remember, the specific impact of your driving record on an appeal can vary depending on the jurisdiction, the nature of the offence, and the type of appeal. It's always advisable to seek legal advice when considering an appeal for a traffic offence.

Disclaimer

This information is general in nature and should not be considered legal advice. Every speed camera case is unique, and the outcome will depend on the specific circumstances and evidence. If you are facing a speed camera fine and wish to contest it, it is advisable to seek legal representation from an experienced traffic lawyer who can guide you through the process and help protect your driving record.

NTL HORIZONTAL LOGO

“Welcome! Our team is dedicated to helping you with your traffic offence matters. We provide a professional, prompt, and friendly service at a reasonable fixed cost for most cases. Rest assured that we’ll explore every avenue to resolve your matter and restore your peace of mind.” 😊

24/7 Call Us Now

1800 NSW LAW

INQUIRE NOW

COURT INFORMATION

OPENING HOURS

  • Monday - Friday:
  • 8:00AM - 8:00PM
  • Saturday - Sunday:
  • 10:00AM - 6:00PM

Join US

And get updates and tips on Traffic matters and know your rights and what to do.

COPYRIGHT © 2024 NATIONAL TRAFFIC LAWYERS

Privacy Policy

Terms of Use

Sitemap

"National Traffic Lawyers acknowledges the Traditional Owners of the Land on which we live and work. We pay our respects to Elders past, present and emerging, and extend our respect to all Elders and Aboriginal and Torres Strait Islander people across Australia."

Aminos Powered By (1)

Book your FREE CONSULTATION

Fill out the form below, and we will be in touch shortly.