Special Reasons

In order to avoid compulsory disqualification for an offence or avoid having penalty points put on your licence you may wish to argue 'special reasons'. With certain driving offences, even if you are technically guilty of an offence, the court may still not impose a ban, even for an offence like drink driving, where a ban is usually mandatory.

A 'special reason' cannot relate solely to the personal circumstances of the motorist. So the court would not consider, for instance, the fact that you will lose your job if disqualified or the fact that you have a clean driving history a 'special reason'.

A 'special reason' must be a reason that is directly connected with the circumstances in which the offence was committed. Examples of 'special reasons' might include:

Driving whilst over the limit after the motorist drinks have been spiked or laced. Here the motorist has been mislead or tricked in to committing an offence of drink driving
If the motorist speeds or goes through a red light because of an emergency, for instance taking someone to hospital
Driving whilst uninsured, if the motorist reasonably believes that he was insured because he had been falsely led to believe that by an insurance company

Establishing special reasons involves careful preparation and often calling evidence in court and relying on case law. If you believe you may have 'special reasons' that will assist you in avoiding disqualification or having penalty points imposed then you should seek legal advice immediately.

For expert advice, call us at Motoring Law Defence FREEPHONE on 0808 178 3288

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