Foot Jammed On Accelerator

Question:

Hello, i recently received a notice of intended prosecution for speeding 37 MPH in a 30 MPH zone, The notice was sent to my partner who is the registered motability keeper. I am the insured driver. I have not sent back the declaration who was the driver as yet.

I am registered disabled but not as severe as my partner. We have had the car now almost 3 years with no insurance claims and I pride myself on being a safe driver who respects the law in every way. I have no previous motoring convictions and was devastated to find that i had exceeded the speed limit?

I am not looking for excuses to explain away why this happened but i am very aware that not having our motability car would have a devastating effect on our lives, we cannot afford to buy a car as an alternative.

Since having the motability car, my partner has been given quality of life to be able to leave our house to enjoy riding outdoors where as without a car she would be confined to the house. Her unique condition means the only way she can have any social interaction with the outside world is the use of her motability car.

It really would have a devastating effect on her life without the car. For myself in my defence, i can honestly say i fully aware how important it is to comply with all road traffic laws and carrying passengers puts other lives at risk both in the car and outside as well.

On the day of the alleged offence, I have racked my brain to try and remember how this may have happened?, at first i though that perhaps my speedo may be at fault as it is electronic and shows only a digital readout (numbers only,no conventional needle). The reason I say that I wonder if the speedo was at fault is because I observe the speed limits everywhere I go and the most I have ever observed my speedo registering is 32 in a 30 MPH zone.

Thinking back to this day in question, it was during the extreme cold snap and I remember putting on some boots to avoid slipping over on the ice outside my home. Close to the area where the speed happened, I remember my boot became stuck momentarily and my foot jammed between the accelerator and brake pedal causing the engine to rev abruptly?

I did not look at the speedo at that time as I was more concerned at keeping my eyes on the road and getting my foot dislodged. I managed to dislodge my foot and the engine returned to normal revs. Further down and off the main road, I stopped somewhere safe and changed my footwear. I can only think that this was the cause of me momentarily exceeding the speed limit?

I honestly hand on heart am not looking for excuses, I obviously did commit the offence but I did not do it knowingly as i have to much to lose and nothing to gain form breaking the law. Any advice you can give would be gratefully received. Do you know how i would stand with motability as well on this occasion?. Thank you.

Louise Says:

If you don’t name yourself as the driver your partner will get 6 penalty points for failing to give information. If you know it was you driving send back the form.

If you accept that you were speeding you will get the speed awareness course as an alternative to penalty points or 3 points and a £60 fixed penalty.

I cannot advise as to whether or not this will affect your mobility, but I doubt it will have any impact. Its not a serious offence.

A defective speedo would not be a defence.

Your foot sticking would not be a defence or a special reason so you are not going to avoid the points if you accept the offence I’m afraid.