Over 30km/h and over 45km/h both carry an automatic disqualification, but only if you are convicted. That distinction is the whole game.
The automatic periods only apply if a conviction is recorded.
Try it outThese are the numbers the law sets. What happens in your matter depends on your record and your circumstances, and a solicitor at Daoud Legal - Criminal Defence reviews every matter.
Two thresholds matter in New South Wales, and the disqualification attaches to the conviction rather than the offence.
| More than 30km/h over | More than 45km/h over | |
|---|---|---|
| Automatic disqualification on conviction | 3 months | 6 months |
| Maximum court fine | 20 penalty units | 30 penalty units for a light vehicle |
| Roadside suspension by police | No | Yes |
| Can the court order a different period? | Yes | Yes |
Source: NSW Road Rules 2014, rule 10-2. These are maximums and automatic periods, not what most people receive.
The disqualification follows the conviction. If the magistrate deals with the matter without recording one, under section 10 or a conditional release order without conviction, the automatic disqualification does not apply.
That decision is made on the material you bring with you. The magistrate is weighing whether this reads as a one off or a pattern, what losing the licence would actually cost you, whether you understand why it was serious, and what has changed since.
New South Wales does not have a work or restricted licence scheme for disqualified drivers, so the argument about what a licence loss costs you has to be made before the disqualification, not after it.
Talk it through with us. A short conversation works out whether yours is a matter you can run yourself, and a solicitor at Daoud Legal - Criminal Defence reviews every matter before anything goes near a courtroom.
Try it out