Defective Accelerator – Defence?

Question:

I have recently been given a notice of Intended Prosecution for 70mph in the above zone. I had recently had a new Toyota Avensis fleet car and was awaiting the date for fixing the accelerator pedal problem when the alleged offence occurred. Could this be used in a defence?

Dominic says:

It would not be a defence to the allegation but it may amount to a special reasons argument to try and avoid the points/ban.

Have you got any points already? If so, how many? Are you a new driver?

Tell me more.

Question Response;

I currently have no points and have been driving for 17 years. I would rather not incur any points but please let me know the objective risk in opposing this NIP. Thanks in advance

Dominic’s Answer;

You wouldn’t be opposing the NIP.

You would be naming yourself as the driver and then rejecting the fixed penalty offer and asking for a court hearing. At court you would plead guilty and ask the court to find special reasons for not imposing the points.

The speed is probably too high for a fixed penalty offer anyway so you will probably end up going to court in any event. You are in the sentencing guideline bracket that suggests the court should consider a short ban.

At court if you successfully argue special reasons due to a mechanical defect and the court agree you will get no points/ban. If the court don’t agree you will be at risk of 4/5 points or a short ban.

I don’t think you have anything to lose by raising this argument. Maybe a little more in court costs if you lose.