Benfolds law – which means you can’t be fined for driving while intoxicated – is set to return to the courts on Wednesday, but only if the judge finds that the driver was under the influence of alcohol or drugs at the time.
Drivers will be able to appeal against the decision, but the judge must also decide that the driving was legal under the law at the moment of the offence.
If he finds that it was not, then the driver will have to pay a fine of up to $400.
The Benfonds law, which is set out in the Highway Code, says a driver must not drive while intoxicated unless they are under the control of a medical practitioner, are being treated by a medical professional and the court has issued a medical caution.
However, this provision does not apply if there are no medical professionals in the area at the point of the driving.
When the case comes before a judge, it will be up to the court to determine whether the driver’s impairment was due to alcohol or other drugs.
Benfords driver Ben Farrow, 32, was arrested at a supermarket in February 2015 and charged with driving while impaired after he was stopped on the M3 near the town of Millington, Hertfordshire.
At the time, Mr Farrow told police he had been taking painkillers.
He was subsequently charged with causing death by dangerous driving, driving while disqualified, driving with suspended licence, failing to stop for a police officer and driving with a suspended licence.
On the day of his arrest, the court heard that Mr Farsley was a licensed driver, had a clean record and had no previous convictions.
A police investigation found that Mr Farys driving was due solely to his mental state.
It was also alleged that he had smoked cannabis in the car and had been drinking in the hours before the crash.
His defence argued that his blood alcohol level was two times the legal limit and that it would have been impossible to have passed a breath test while driving while under the drug.
Mr Farrow was found not guilty by reason of insanity and ordered to pay £300 in fines and court costs.
But this week, the case has been moved to a new venue.
As part of his plea deal, Mr Farsey is due to give evidence to a court in the UK.
Earlier this month, a jury found him guilty of the same charge and ordered him to pay the driver £1,000.
In April, the same jury handed down a separate verdict in the case of another Benfasts driver, Chris O’Byrne, who had a previous conviction for dangerous driving and had not been issued with a driving licence at the same time.
While driving, Mr O’Brien was found guilty of causing death through dangerous driving after the collision.
During his trial, he said he had driven while intoxicated and that he believed he was under influence of drugs.
He had initially pleaded not guilty but changed his plea to guilty in September.
Under the Benfows law, a driver who has been convicted of a previous offence will be ineligible for driving for another year, while a driver with a previous charge will be disqualified from driving for two years.
According to the law, an offender with a conviction for driving under the alcohol limit for two or more years will be automatically disqualified for a further three years.
Mr O’Reilly said he did not intend to appeal the verdict and that the case was a “futile waste of time”.
“I hope that if the court finds that I am guilty of this offence, that it will not make me a worse driver,” he said.
“It is not my intention to have my driving suspended.
I hope the court will see that my driving is not so reckless that I will be fined.
And I also hope that I can avoid paying fines by simply taking the time to take my medication.
Instead of driving while drunk, I would be more likely to get involved in accidents and I would have to change the way I drive to avoid a collision.”
Mr OReilly said that his experience had taught him that “driving while intoxicated is not a criminal offence”.
“I feel sorry for the other people who get hurt or killed on the road because they are so intoxicated,” he added.
Read more about Benfots laws here: Benfolds case Sources: BBC Sport, BBC.co.uk, BBC News, BBC Weather