What is the Offence of Excessive Speeding?

Excessive speeding is a serious traffic offence in Victoria under the Road Safety Act 1986 (Vic). Unlike minor speeding offences, which result in fines and demerit points, excessive speeding can lead to immediate licence suspension and a court summons.

You can be charged with excessive speeding if you are caught:

• 25 km/h or more over the speed limit.
• Exceeding 130 km/h in a 110 km/h zone.
• 45 km/h or more over the speed limit (automatic loss of licence).

Victoria has zero tolerance for excessive speeding, and penalties increase based on the severity of the offence.

What the Prosecution Must Prove

For a conviction, the Prosecution must establish:

1. You were driving a motor vehicle — This includes being in control of a vehicle on a public road.
2. You exceeded the speed limit by 25 km/h or more — Determined by speed cameras, radar devices, or police observations.
3. The speed measurement was accurate — The device used to record your speed must be properly calibrated and used correctly.

Penalties for Excessive Speeding in Victoria

Excessive speeding attracts harsh penalties, including immediate licence suspension, large fines, and potential imprisonment for extreme cases.

• Licence Suspension — Automatic for high-range speeding.
• Fines — Up to 120 penalty units (over $25,000).
• Demerit Points
• Vehicle Impoundment — Possible under hoon laws for extreme speeding cases.

Possible Defences to an Excessive Speeding Charge

✓ Incorrect Speed Measurement — If the speed detection device was faulty or used incorrectly.
✓ Emergency Situation — If you were speeding to avoid imminent danger (e.g., medical emergency).
✓ Mistaken Identity — If someone else was driving your vehicle at the time.
✓ Unreliable Evidence — If police cannot prove beyond reasonable doubt that you were speeding.

Charged with Excessive Speeding? Contact Us for Expert Legal Advice

If you have been charged in Victoria, it is crucial to seek legal advice as soon as possible. A conviction can result in a criminal record, loss of licence, and financial penalties. Our experienced traffic lawyers at Elbob & Stephenson Legal can assess your case, explore possible defences, and work to minimise the impact on your life.

☎ Contact us today on 1800 117 533 to schedule a consultation.