Charged with a speeding offence in South Australia?

If you do decide to plead guilty to a speeding offence or any other driving offence we can assist you to get the best result possible.

Our team of Adelaide criminal lawyers have extensive experience and know the best way to present your speeding or driving case before each of the Magistrates in the State. The results they obtain speak for themselves.

We can, in certain circumstances, achieve less demerit points being incurred for speeding offences which may avoid any potential licence disqualification.

You weren’t driving

In some cases, the wrong person is charged with an offence. There are a variety of ways in which this can occur. It may be that there was an administrative error on the prosecution’s behalf or perhaps, the offender was carrying your identification which they presented to police. Regardless, it is a complete defence to this charge if it can be shown that you were not driving the vehicle.

No proof of your speed

You will have a defence to this charge in the event that no prescribed means of speed detection (e.g. speed camera) were used or where the prescribed conditions for using that speed detection device were not complied with.

In some cases the speed of a vehicle may be determined by the police following and timing an offender whilst in his vehicle. This method is commonly referred to as ‘Time and Follow’. There is criteria that makes this method of detection valid. Often police will not be able to adequately calculate the speed using this method resulting in the charges being withdrawn.

Defective equipment used to measure speed

In some cases your most appropriate defence might be of a slightly more technical nature and may require the evidence of experts in the relevant field to defend the charge. In relation to speeding offences it may be possible to present evidence to show that the speed detection device had been miscalibrated, that there was interference from another vehicle, or that there was some other technical defect which will offer a defence to this charge.

Honest and reasonable mistake of fact (Proudman vs Dayman Defence)

If you genuinely believed that the speed at which you were travelling was less than or equal to the prescribed limit and it was reasonable for you to hold that belief (e.g. defective speedometer) then you may have a defence to this charge.

Duress

It is a complete defence to this charge of speeding if we can show that you were acting under duress. That is, you were acting as a result of violence or some other threat against you. The Court will need to be presented with evidence that indicates that you were coerced into the act by a third party, effectively rendering you an instrument of someone else’s criminal conduct.

Necessity/Emergency

The common law defence of necessity operates where the circumstances at hand (natural or human threats) require you to break the law in order to avoid even more dire consequences. Thus, there is some overlapp with the defence of duress. It will need to be shown that you believed on reasonable grounds that you were placed in a situation of imminent peril. You may have a medical justification or it may be the case that you were acting in the course of protecting yourself or someone else.

Essentially, the Court will need to weigh up the act you have committed against the harm you would have experienced had you not acted in that manner. Further, the Court will need to be convinced that the act was proportionate to the potential harm.

Mental impairment

The law recognises that in some cases people will not be capable of evaluating the nature and quality of their conduct or more categorically, they will not know what they are doing is wrong. If it can be shown that you were suffering from some sort of mental disease, disorder or disturbance, as distinguished from a mere lack of self-control or impulsiveness then you may have a defence to this charge.

Mental impairments may be either permanent or non-permanent and have been held to include disorders such as:

• Schizophrenia
• Hyperglycaemia
• Psychomotor epilepsy
• Cerebral arteriosclerosis

Speeding in SA occurs when a driver exceeds the posted speed limit or the default limit (50 km/h in built-up areas, 100 km/h elsewhere) as defined by Rule 20 of the Australian Road Rules. Speed limits are enforceable even in the absence of signs if default limits apply.

Exceeding the speed limit by 45 km/h or more is classified as excessive speeding. It can result in:

• Immediate licence disqualification
• A possible dangerous driving charge under section 46 of the Road Traffic Act 1961 (SA)

• 50 km/h in built-up areas
• 100 km/h on other roads

These apply in the absence of signage, as per Rule 25 of the Australian Road Rules.

No. Under s 20(11)(b) of the Road Traffic Act 1961 (SA), reduced speed limits in roadwork zones are only enforceable when:

• Workers are present; or
• The site presents a greater-than-normal hazard

It depends on how much over the speed limit you were:

• 1–9 km/h over: 2 points
• 10–19 km/h: 3 points
• 20–29 km/h: 5 points
• 30–44 km/h: 6 points
• 45 km/h or more: 9 points + disqualification

Police may use:

• Speed cameras
• Laser or radar devices
• “Time and follow” methods

If the equipment is faulty or improperly used, or procedures aren’t followed (e.g., calibration issues), you may have a valid defence.

Yes. If you believe:

You weren’t driving,

• There’s no proof of your speed,
• The speed detection equipment was defective, or
• You had a valid legal excuse (e.g., duress, necessity)

You can elect to have the matter heard in the Magistrates Court.

Yes. The defence of necessity or emergency may apply if you exceeded the speed limit to avoid imminent harm, such as transporting someone in a medical crisis. The court must weigh the necessity against the offence.

You may lose your licence if you:

• Accumulate 12 or more demerit points in 3 years
• Speed by 45 km/h or more
• Accumulate 4+ demerit points as a learner or provisional driver

Yes. Drivers must slow to 25 km/h when:

• Passing a stopped school bus with flashing lights
• Passing an emergency vehicle with flashing lights
• From 19 May 2025, passing a breakdown vehicle (e.g. RAA or tow truck) with amber flashing lights

Unless otherwise signposted:

• Speed limit is 40 km/h on beaches
• 25 km/h if within 50 metres of a person

The maximum penalty is $5,000, and demerit points apply

Yes. If you receive an expiation notice but weren’t the driver, you can complete a statutory declaration nominating the actual driver. This must be done within the time limit outlined in the notice.

Yes. The defence of honest and reasonable mistake of fact (Proudman v Dayman) may apply, especially if your speedometer was faulty or signage was unclear.

If you fail to pay or respond:

• You may face further penalties and costs
• Your licence could be suspended
• Enforcement action may include seizure of assets

You can avoid this by paying, requesting a review, or electing to go to court.