This defence falls under the category of a "Special Reasons Argument". If you don't know what that is, swat up in the "The Law In Theory" Section, under the header "In The Court Room".
The defence revolves around stating that you were unable to slow the car down to the legal posted legal limit because of defective brakes. It's important for the defendant to keep in mind when using this defence that if they started their journey or carried on driving after realising their brakes were defective then they are committing another offence entirely: "Driving A Vehicle In A Defective or Unsafe Condition".
As part of your defence you would need to produce evidence that supports your claim, such as getting the car's brakes checked at a garage. If you continued to drive after the brakes failed you would also need to provide an explanation as to why you continued on - for example, you discovered the fault was intermittent and you were almost at your destination.
As the offence was not a direct fault of your own, the prosecution should drop their case provided you don't admit to committing another offence as mentioned above.
Brakes are one example of how this loophole can be exploited. You could of had a lose object (such as a bottle of water) wedge itself under the brake peddle, your speedometer could have broken, your accelerator jammed open and more. Whatever your excuse is, please talk to a lawyer first!
As with all defences, expert lawyers will exponentially help to avoid a conviction. Self representation is dangerous and rarely successful. Our lawyers have over a 95% success rate. If you Join Licence Shield, these lawyers could represent you from just £39.99 a year!
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