Your 'technically' in breech of the law but under circumstances of reduced or zero risk to the public occurring. So its a good argument to have the penalty reduced in court, but the hardest part is would you be believed? Ideally the police should be issuing you a warning under those circumstances so the judge wont have to 'believe' you or not. I wish police would just do their job properly in the first place, they are the men on the spot who knows exactly whats going on, so they are in the best position to make sure justice is fair instead of being arbitrary arseholes and leaving it to a judge to sort out who can never know as well as that policeman what happened.