hello@nationaltrafficlawyers.com.au
hello@nationaltrafficlawyers.com.au
Speeding and street racing are considered very serious traffic offences in Australia. They are not only traffic violations but can also be criminal offences, carrying severe penalties due to the high risk they pose to public safety.
Street racing involves two or more vehicles excessively speeding on a public road in a competitive manner. It can be planned or impromptu. Speeding, in this context, refers to driving significantly above the posted speed limit, often in conjunction with racing behavior.
According to Section 115 of the Road Transport Act 2013 (NSW), it is an offence to organize, promote, or take part in:
(a) Any race between vehicles on a road or road-related area
(b) Any attempt to break a vehicle speed record on a road
(c) Any trial of the speed of a vehicle on a road
(d) Any competitive trial designed to test the skill of a driver or the reliability of a vehicle on a road
For a speeding and street racing conviction, the prosecution must typically prove:
Police have significant powers when it comes to speeding and street racing offences:
Other charges that may accompany speeding and street racing include:
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.
For speeding and street racing offences:
For more serious cases of street racing or repeat offenders:
If found guilty in the Local Court, sentencing options include:
The specific penalty will depend on factors like the severity of the offence, the accused’s driving record, and any mitigating circumstances.
Penalties for speeding and street racing can be severe:
Yes, NSW Police have the power to confiscate the vehicle driven at the time of the offence and impound it for up to 3 months. For a second or subsequent offence, the vehicle may be forfeited to the Crown.
If the vehicle is owned by someone else, the police may issue the owner with a warning notice. If the vehicle is found committing a similar offence in the future, it will be confiscated for 3 months.
This information is general in nature and should not be considered legal advice. Every speeding and street racing case is unique, and the outcome will depend on the specific circumstances and evidence. If you are facing charges related to speeding and street racing, it is crucial to seek immediate legal representation from an experienced traffic lawyer who can guide you through the process and help protect your rights.
“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.” 😊
