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?
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.
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
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.