It is an offence to drive a motor vehicle at an extreme speed defined as 55+km/hr in a 60 (or lower) zone, or 85+km/hr in a 60+ zone. This offence is contained in Section 19ADA of the Criminal Law Consolidation Act 1935 (SA).
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Indictable offence
Magistrates Court of South Australia
Maximum penalty 3 years imprisonment
Licence disqualification 5 years
Driving at Extreme Speed Key Facts
| Offence |
A person commits the offence of driving at extreme speed if they drive a motor vehicle at: - a speed ≥ 55 km/h over the limit where the limit is 60 km/h or less; or - a speed ≥ 80 km/h over the limit where the limit is more than 60 km/h. Emergency vehicle exception: Does not apply where an emergency vehicle is driven with reasonable care and, in the circumstances, it is reasonable the provision not apply (with light/siren conditions and a limited police exception). |
| Maximum Penalty |
Basic offence: 3 years imprisonment. Aggravated offence: 5 years imprisonment. First offence (basic): Minimum 2-year licence disqualification. First offence (aggravated): Minimum 5-year licence disqualification. Subsequent offence: Minimum 5-year licence disqualification. Licence disqualification cannot be reduced, mitigated or substituted and cancels any current licence for the period of disqualification. |
| Typical Sentence | Courts treat extreme speed as a serious risk to public safety. First-time basic offences often attract custodial or suspended custodial terms with lengthy disqualification. Aggravated offences commonly result in immediate imprisonment measured in years, with the statutory minimum disqualification increased where warranted. |
| Which Court? | Indictable offence. Usually prosecuted in the Magistrates Court of South Australia. |
| Process Timeline |
Detection by police/device → Instant Loss of Licence (ILOL) may be issued immediately → Arrest/charge or summons → Bail consideration → Committal in Magistrates Court → Trial/sentencing in District Court → Licence disqualification imposed. (Average: 6–15 months, case-dependent) |
| Possible Defences |
1. Threshold not met: Speed evidence does not establish ≥55/≥80 km/h over the limit. 2. Emergency vehicle exception: Strict criteria satisfied (reasonable care; reasonable not to apply; light/siren rules). 3. Identity/driver dispute: Prosecution cannot prove who was driving. 4. Measurement error: Challenge to device accuracy, calibration, operation or signage/limit validity. 5. Duress/necessity: Narrowly applied in exceptional circumstances. |
| What The Prosecution Must Prove |
- That the accused drove a motor vehicle; and - That the accused’s speed met the statutory threshold for extreme speed in the relevant speed zone; and - That no emergency-vehicle exception applies. If charged as aggravated, the prosecution must prove one or more of: - the offence caused death or serious harm; - the vehicle was stolen/without consent and the offender knew this; - the offence occurred during police pursuit; - there were passengers in/on the vehicle; - the driver held a learner/provisional/probationary licence; - the driver was unlicensed/disqualified/suspended; - BAC ≥ 0.08 or DUI or prescribed drug present; - ultra high powered vehicle with intervention system disabled. Note: A person cannot be convicted of both s 29 (endangering life/serious harm) and s 19ADA arising from the same circumstances; s 19ADA is not an alternative verdict unless charged as such. |
Driving at Extreme Speed Case Scenarios
Below are examples of how driving at an extreme speed may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
On a 60 km/h suburban road, a fully licensed driver is detected at 117 km/h (57 km/h over). No passengers, no alcohol/drugs, no pursuit, and no crash.
What to expect:
Convicted of extreme speed (basic). The Court imposes 8 months imprisonment (suspended) and a 2-year licence disqualification.
Mid-Level Offence
Scenario:
On a 100 km/h highway, a P-plate driver with one passenger is detected at 185 km/h (85 km/h over). No collision, no alcohol/drugs.
What to expect:
Convicted of aggravated extreme speed (passenger and provisional status). The Court imposes 18 months imprisonment and a 5-year licence disqualification.
High-Level Offence
Scenario:
A disqualified driver, returning a BAC of 0.09, is clocked at 145 km/h in a 60 zone (85 km/h over) after briefly accelerating away from a police car (no collision).
What to expect:
Convicted of aggravated extreme speed (disqualified + BAC ≥ 0.08 + pursuit). The Court imposes 3 years imprisonment and a 7-year licence disqualification.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Driving at Extreme Speed FAQ’s
If you need more information about driving at an extreme speed in South Australia, these FAQs answer the most common questions.
What is “extreme speed” in South Australia?
Driving 55 km/h or more over the limit in a ≤60 zone, or 80 km/h or more over the limit in a >60 zone.
Is extreme speed a criminal offence or a traffic infringement?
It is a criminal offence under the Criminal Law Consolidation Act 1935 (SA) with potential imprisonment and mandatory licence disqualification.
What are the maximum penalties?
Basic: up to 3 years imprisonment. Aggravated: up to 5 years imprisonment, plus mandatory lengthy licence disqualification.
What licence disqualification applies if I’m convicted?
First offence (basic): at least 2 years. First offence (aggravated): at least 5 years. Subsequent: at least 5 years. Disqualification cannot be reduced/substituted.
What makes an extreme speed offence “aggravated”?
Examples include death/serious harm, stolen/without consent vehicle, police pursuit, passengers, L/P/probationary licence, unlicensed/disqualified/suspended, BAC ≥ 0.08, DUI or prescribed drug, or ultra high powered vehicle with system disabled.
How is extreme speed different from “exceeding the speed limit by 45+ km/h” fines?
“45+” under the Road Traffic Act is generally an expiation offence with demerits/fees and shorter mandatory loss; extreme speed is a criminal offence with potential imprisonment and multi-year disqualification.
Can police take my licence on the spot for extreme speed?
Yes. Police may issue an Instant Loss of Licence (ILOL) immediately if they reasonably believe you committed the offence.
Can I get an ILOL lifted?
You may apply to the Magistrates Court. It will only be lifted in exceptional circumstances and if you do not pose a substantial risk to the public.
How are ‘first’ and ‘subsequent’ offences worked out?
Prior s 19ADA convictions (any time) count. Also, prior s 45A (45+ over) or s 46 (reckless/dangerous) within the last 5 years count toward “subsequent”.
Can I be convicted of both extreme speed and endangering life (s 29)?
No, not from the same circumstances. The law prevents double conviction in that situation.
What defences are available?
Common issues include device accuracy/calibration, driver identity, signage/limit validity, and the emergency vehicle exception. Duress/necessity are rare.
Does road condition matter for extreme speed?
The offence is threshold-based. Conditions (traffic, weather) are more relevant to sentencing than to whether the threshold was met.
Will I go to prison for a first offence?
It depends on the facts. Many first-offence basic cases attract suspended or short custodial terms; aggravated cases commonly attract actual imprisonment.
Are P-platers and L-platers treated more harshly?
Yes. Holding a learner/provisional/probationary licence is an aggravating factor, increasing both penalty seriousness and the minimum disqualification.
Do emergency vehicles get an exemption?
Yes, but only if strict criteria are met (reasonable care and it is reasonable the law not apply; light/siren rules — with limited police exception). Otherwise, the offence can apply.
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