Fighting a Speeding Ticket with Traffic Lawyers in Adelaide

Receiving a speeding ticket is never a pleasant experience, but it’s something that can happen to the best of us. Whether due to an unfamiliar road, a momentary lapse in concentration, or even a misunderstanding of the speed limits, speeding fines can quickly add up and lead to unwanted consequences. But don’t despair! With the proper knowledge and legal assistance, you may be able to contest the fine, avoid hefty penalties, and even keep your licence.

In this guide, we’ll explain how to fight a speeding ticket in Adelaide, providing clear advice on the options available and the importance of engaging the services of our experienced traffic lawyers.

Before learning how to fight a speeding ticket, it’s important to understand the specifics of South Australia's speeding laws. Speeding fines are issued when a driver exceeds the posted speed limit or the default speed limit in an area.

South Australian traffic laws categorise speeding offences into different levels based on how much you exceed the speed limit:

• 1 to 9 km/h over the speed limit: A total fee of $304, including adult levy, and the loss of two demerit points.
• 10 to 19 km/h over the speed limit: A total fee of $557, including adult levy, and the loss of three demerit points.
• 20 to 29 km/h over the speed limit: A total fee of $1028, including adult levy, and the loss of five demerit points.
• 30 to 44 km/h over the speed limit: A total fee of $1786, including adult levy, and the loss of seven demerit points.
• 45 km/h over the speed limit: A total fee of $1997, including adult levy, and the loss of nine demerit points.

It’s not uncommon to feel that a speeding ticket was unjustly issued. Here are a few valid reasons why you might want to fight a speeding ticket in Adelaide:

1. Incorrect Speed Reading: Speed cameras and radar guns can sometimes give inaccurate readings due to technical glitches, environmental conditions, or human error.
2. Unclear Signage: If the speed limit signs were missing, obscured, or difficult to interpret, you might have unknowingly exceeded the limit.
3. Speed Detection Device Calibration: Devices that measure speed must be regularly maintained and calibrated. If the device wasn’t properly calibrated at the time, the accuracy of the reading can be challenged.
4. Medical or Emergency Situations: In some instances, speeding may be justified due to an emergency, such as rushing to a hospital. These situations may allow for legal defence against the ticket.
5. Mistaken Identity: Sometimes, the wrong driver is issued a fine due to misidentification, particularly with speeding tickets from fixed cameras. If someone else was driving your car, you have the right to contest the ticket.

Whatever the reason, it’s crucial to act quickly and seek legal assistance to navigate the process effectively.

If you decide to contest your speeding ticket, it’s important to know the process. A traffic lawyer can provide valuable insights from the outset, helping you build a stronger case and navigate the legal process more effectively. Here’s a step-by-step guide on how to contest a speeding fine in Adelaide:

Review the Ticket Carefully

Start by reviewing the details of your speeding ticket. This includes checking the alleged offence's date, time, and location. Ensure all information is correct, including your name, vehicle registration, and the speed limit. Also consider:

• Were you at the location during the time the offense occurred?
• Were you actually driving the vehicle?
• Was the speed limit properly indicated?

You may already identify potential errors or discrepancies by thoroughly checking the ticket.

Your Initial Consultation with Williams Traffic Lawyers in Adelaide

It's generally advisable to speak with a lawyer as soon as possible after receiving the ticket. An early consultation can provide several benefits:

• Legal guidance: A lawyer can advise you on the strength of your case and the potential outcomes.
• Evidence collection: They can guide you on what evidence to gather and how to obtain it effectively.
• Timelines: You'll be informed about important deadlines and procedural requirements.

Evidence Gathering

While having some evidence ready for your first meeting can be helpful, it's not always necessary:

• Lawyer's expertise: Traffic lawyers are familiar with common defences and can suggest evidence you might not have considered.
• Collaborative approach: Your lawyer can work with you to identify and collect relevant evidence as your case progresses.

Types of Evidence

Some evidence you might consider gathering before or after consulting a lawyer includes:

• Dashcam footage: If you have a dashcam in your vehicle, footage from the time of the offence could provide valuable evidence regarding speed limits, road conditions, or potential obstacles.
• Photographs of the area: Take photos of the road where the ticket was issued, especially if you believe the signage needs to be clarified or included.
• Speed detection calibration records: You have the right to request calibration records for the speed detection device used in your case. This could be a strong defence if the device wasn’t properly maintained.
• Witness statements: Witness statements can potentially serve as valuable evidence when contesting a speeding ticket. Identify potential witnesses from the speeding incident and request written accounts of their observations, including date, time, location, and their perception of your speed. Ensure statements are signed and dated, and collect their contact information for follow-up.
• Your driving record: A long clean driving record may help request leniency or a caution instead of a penalty. Authorities might view your record as proof of responsible driving, potentially affecting your review or appeal outcome.
• Weather reports for the day of the incident: Weather conditions significantly impact speed detection accuracy. For example, heavy rain, hail, or fog can interfere with radar and LIDAR, leading to false speed measurements. Extreme weather limits visibility, complicating officers' ability to identify vehicles or read license plates.

Decide Whether to Pay or Contest the Fine

After consulting with Williams Traffic Lawyers, you will need to decide whether to pay the fine or formally contest it in court. Keep in mind:

• Paying the fine is an admission of guilt. You’ll be penalised with both the fine and demerit points, which could eventually lead to a licence suspension if you accumulate too many points.
• Contesting the fine can potentially lead to the charge being dropped, reduced, or downgraded. However, you may face additional court costs if the court finds you guilty.

Your traffic lawyer will advise on the best course of action based on the specifics of your case.

Prepare for Court

If you choose to contest the fine and the case goes to court, Williams traffic lawyers will prepare your defence and represent you during the hearing. Your traffic lawyer will:

• Present evidence, such as calibration records or dashcam footage, to dispute the accuracy of the speeding charge.
• Challenge the prosecution’s case, including the speed detection device's accuracy or the ticket issuance's legality.
• Advocate on your behalf to either have the charge dropped or reduce the penalties.

The support of an experienced traffic lawyer can significantly improve your chances of a favourable outcome in court.

If you successfully contest your speeding ticket, several outcomes are possible:

• Fine Cancellation: The speeding ticket may be entirely withdrawn, and you’ll avoid both the fine and demerit points.
• Reduced Penalties: In some cases, even if the court doesn’t entirely dismiss the charge, your penalties may be reduced, such as lowering the fine amount or removing demerit points.
• Licence Retention: For more severe offences, contesting the charge may help you retain your licence, avoiding suspension or disqualification.

While contesting a speeding ticket can be successful in many cases, there are situations where it may be more practical to pay the fine, especially if:

• The evidence against you is overwhelming 
• The fine and/or penalties are relatively minor, and the cost of legal representation may outweigh the benefit of contesting the ticket
• You don’t want to go through the hassle of court proceedings.

Consulting with the Williams traffic lawyers team will help you weigh the pros and cons, ensuring you make an informed decision.

Fighting a speeding ticket in Adelaide isn’t always straightforward, but it’s possible with the right approach. You can improve your chances of success by understanding the legal process, gathering strong evidence, and engaging the services of trusted traffic lawyers like Williams Lawyers.

Don't hesitate to seek our professional legal advice if you’re facing a minor fine or a more serious traffic offence. The team of Williams traffic lawyers will guide you through the process, helping you fight unfair tickets and protect your driving record.