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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 72887
Experience:  Over 5 years in practice.
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I got a speeding ticket. I was doing cruise control at 68

Customer Question

I got a speeding ticket. I was doing cruise control at 68 mph on a 70mph road. It says I was doing 79 on the NIP. Ive since discovered within days my speedo is wrong. I have had a complete new unit fitted - instrument panel. I am cheesed off about this. I think its the reason why Ive received 2 other tickets prior to this within a 5 month period. I was thus using my cruise control for everything and relied on it. Anything I can do or is it too late. Got the NIP through and still within the 28 days but wouldnt drive the car again till it was fixed.
Submitted: 9 months ago.
Category: Traffic Law
Expert:  Jo C. replied 9 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Are you asking if this is possibly a defence?

Customer: replied 9 months ago.
HI there - long shot but yes. I haven't filled in the NIP yet as still have 3 weeks. Should I write a letter before I fill it in to explain, or after I fill it in or will they just dismiss all. Its a Jeep and there seems to be 1000s of owners online (I was up till 1am reading about it) who all had this same problems with weird electrical faults with older models which also intermittently effected the dash board instruments. Mine had an electrical fault and was off the road for 3 weeks in April and they couldn't find what was wrong with it. At no point till a few days ago did I even think I could be driving at the wrong speed. The whole instrument unit has been taken out and fitted with another one. What would you do if this happened to you in this situation?
Expert:  Jo C. replied 9 months ago.

Well, that is pretty unhelpful. I'm in a different position. I probably have more points on my licence than you do so the considerations are different.

However, the reality is that this is not a defence. Come what may, it is speeding. There is no test of guilty mind. This is a speeding matter.

It is very good mitigation but that is fairly useless here because you would only get the minimum points anyway and it might be that they would offer the speed awareness course.

If you want to take the risk of fighting this in the hope that they fail to summons then you can but be aware you face the risk of costs.

Can I clarify anything for you?


Customer: replied 9 months ago.
they don't ever take faulty equipment into consideration at all at this early stage even if you have some proof? You have to go to court to do this?
Expert:  Jo C. replied 9 months ago.

They can consider it when considering the public interest but it isn't a legal defence.

The court is unable to consider it as it is not a legal defence.

Customer: replied 9 months ago.
Please be aware that because of this fault this will be my 3rd penalty in the space of 6 months hence the concern. If it was just 3 points only then I would leave it. But this time there clearly was a fault.
Expert:  Jo C. replied 9 months ago.

Yes, ok. It racks up the risks for you.

It doesn't change anything though I'm afraid.

Customer: replied 9 months ago.
Wow so you can prove there was a mechanical fault but they are unwilling to even look at this. So there is nothing I can do at all?
Expert:  Jo C. replied 9 months ago.

Not beyond take the risk of being summonsed.

Ultimately is for the motorist to have a working vehicle.

Road traffic is mostly strict liability.