What the law says
Section 129B of the Transport Operations (Road Use Management) Act Queensland states:
(1) This section applies if-
- (a) a person is convicted of an offence against a regulation for driving more than 40km/h over the speed limit; and
- (b) the court that convicts the person decides…, to disqualify the person from holding or obtaining a driver licence for a period.
(2) The disqualification must be for a period of at least 6 months.
What the police must prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:
(1) Was driving; and
(2) Was driving in excess of 40km/h over the speed limit.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Maximum Licence Disqualification – at discretion of the court.
Which court will hear the matter
Under section 3(5) of the Criminal Code Act Queensland this offence is classed a simple offence and therefore may be heard in the Magistrates Court pursuant to section 19 of the Justices Act Queensland.
Possible defences to this offence include but are not limited to
1. The accused was not in fact speeding more than 40km over the speed limit.
2. Duress – example: there was a threat of harm to the accused or another person that the accused reasonably believe would be carried out if he/she did not drive at the speed they did.
3. Necessity – example: there was an extraordinary emergency that compelled the accused to drive at the speed he/she did.
5. Identification i.e. the accused was not the driver
6. Mistake of fact – example: the accused held an honest and reasonable, but mistaken belief that the speed that he/she was travelling at was under the speed limit set for that zone (i.e. there was in fact a 100km/h sign posted, despite the area actually being designated at a 60km/h zone).