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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 78032
Experience:  Over 5 years in practice.
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I recently received a speeding ticket for travelling at

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I recently received a speeding ticket for travelling at 28mph in a 20mph zone. At the time, the car had just begun to malfunction and I was experiencing alternating surges and stutters. A short while later, I was forced to call on the assistance of Green Flag roadside assistance (phone call no doubt recorded) for what turned out to be a case of diesel contaminated with petrol. Does this constitute 'mitigating circumstances' with regard to the speeding offence?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Bath
JA: Do you need to appear in court?
Customer: If I contest the ticket
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not really, at this point I have no points on my licence

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.

do you have any other points?

Customer: replied 1 year ago.
Only that I haven't had a speeding ticket in over 30 years and that the misfiring engine caused the action of the accelerator to become unpredictable.

Thanks for the information

You could argue that this mitigates but since this is a fixed penalty anyway it really doesn't matter

That said, I wouldn't raise this issue. Malfunctioning doesn't usually cause speed excess and you don't want to be charged with vehicle defect offences.

Hope this helps. Please let me know if you need more information.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you

No problem and all the best.

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