Exceed Speed Limit – 50km/h Above the Limit

Driving SpeedilyThis is a case study on Exceed Speed Limit at 50/h above the limit.

Our client had been charged with driving 148km/h in a 100-zone. If you get caught going this quickly, you’re looking at a mandatory minimum license suspension of 12 months. Unfortunately the law in this area is very rigid and there are few few defences you can raise.

The client was in a terrible situation. There was a family emergency cross town and he did what anyone would do: he called an ambulance and then jumped in his car and drove there as quickly as possible to help out any way he could.

It was high stress and the situation at the other end was unclear. His mother-in-law had had an accident and it was unclear exactly what the situation was. He only knew that there was blood everywhere. Even in a situation like this, it is very unlikely to achieve the available defence of ‘necessity’. It may seem crazy, but that is the law.

Jack Parsons acted on the client’s behalf at the Melbourne Magistrates’ Court on a charge of Exceed Speed Limit.

This area of the law is well understood by Jack and he knows that if you get caught going that fast (exceeding speed limit 50km/h above the limit), the most important thing he could do for the client is to make sure that the client’s license gets suspended for only the minimum period.

But it wasn’t going to be easy. The magistrate can easily impose a longer sentence with a conviction and a big fine. These problems can snowball really quickly.

Jack had to create context for the magistrate. He had to paint a clear picture in a very short time to illustrate to the magistrate how crazy the circumstances were – this doesn’t happen every day.

Submissions were made to the magistrate about the client’s driving history, his professional accomplishments, and the exact nature of the family emergency was recounted. The magistrate acknowledged that she was bound by a mandatory license suspension, but gave a very lenient sentence considering that the speed recorded was nearly 50km/h above the limit.

Jack’s client received only the minimum 12-month license suspension, a $400 fine, and did not receive a conviction. The magistrate also did not ‘disqualify’ the license and was instead ‘suspended’ – meaning after the 12 month period, the client can start driving immediately without doing any tedious paper work. This was an excellent result for a case of Exceed Speed Limit especially one at 50km/h above the limit.
 
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Jack ParsonsJack Parson

Jack is part of our Melbourne team and regularly handles cases at the Melbourne Magistrates' Court. He also appears at suburban and regional courts providing legal representation to clients facing criminal charges.

Jack was honed by organisations aimed at providing justice to disadvantaged communities and those that are often over-represented in prisons. These include the Victoria Legal Aid and the North Australian Aboriginal Justice Agency (NAAJA) in the Northern Territory.

Admitted to practice in August 2018, Jack also has a Bachelor of Arts with a major in Criminology. Learn more about Jack by reading his profile here.
 


DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 23/10/2019