Special Reasons and the Law

Chris Proctor

For the majority of motoring offences the penalty is either a MANDATORY DISQUALIFICATION or the OBLIGATORY endorsement of penalty points. For some people, the endorsement of penalty points on their driving licence is not particularly life changing.

However, a driving ban can sometimes have a huge impact on a person’s life. In some instances the court will take into account a person’s personal circumstances when deciding on the length of the disqualification that will be imposed. However ‘mitigating circumstances’ of a personal nature WILL NOT prevent the imposition of a MANDATORY DISQUALIFICATION nor will it reduce the length of the ban below any minimum period that must be imposed.

However, as with all rules there is an exception. If you are found guilty of an offence or plead guilty, there may be ‘special reasons’ as to why you committed the offence. If the court accepts that ‘special reasons’ exist you could receive penalty points rather than a mandatory disqualification or no points at all if your case is one involving the obligatory endorsement of points. 

Special reasons can be relied upon in most cases: drink driving, no insurance and driving whilst unfit, to name a few.

There are four minimum criteria that must be met in order for the court to accept that there are ‘special reasons’ for you committing the offence. A matter must:

• Be a mitigating or extenuating circumstance;
• Not amount to in law to a defence to the charge;
• Be directly connected with the commission of the offence; and
• Be one which the court ought properly to take into consideration when imposing sentence.

Unsure as to what amounts to a special reason?

Below are some common examples of what usually constitutes a ‘special reason’:

1. Drink Driving
   • Spiked Drinks - Where your drinks had been spiked AND you were unaware of your true alcohol consumption.
   • Shortness of Distance – That the distance you drove whilst you were over the limit was only a very short distance. The paramount concern of the court in this situation would be the safety of other road users and pedestrians and the likelihood of you coming into contact with members of the public. There are also a number of other factors the court will take into account:
     • How far the vehicle  was driven
     • The  manner in which the vehicle was driven
     • The state of the vehicle
     • Whether the driver  had the intention to drive any further
     • The road, traffic and weather conditions at the time
     • What was the reason for the vehicle being driven
2. Emergency
   • Special reasons may apply if you have driven your vehicle as a result of an emergency such as a friend or relative requiring immediate medical attention. However, the argument is unlikely to be successful if calling an ambulance was a viable alternative.
3. Insurance
   • Where you have been misled into believing you were insured to drive a vehicle. An example of this would be where a parent takes out a policy of insurance on behalf of their child and forgets to renew the policy. A genuine and honest belief that you had insurance HOWEVER, in the absence of being misled, does not amount to a special reason

Seeking to rely on a ‘special reason’?

JMW Solicitors has the experience of successfully presenting all types of special reasons arguments to the courts. Our success is built on our strong desire to protect the interests of motorists and our refusal to accept defeat.

For most people, a court appearance is alien to them. Some people find standing before the court very difficult and quite daunting. This can sometimes impact on their ability to communicate all of the information and issues they wish to be taken into consideration by the court. Let us do the talking!

If you wish to discuss your options further, get in touch with our motoring offence solicitors. Call us free on 0800 804 8159 or fill in our online enquiry form.