Special Reasons
If you are able to establish a ‘special reason’ the court avoid endorsing penalty points or imposing a disqualification.
A ‘Special Reason’ is not a defence but an extenuating or mitigating circumstance. It is important to note that a special reasons argument must be directly connected with the ‘offence’ and not the ‘offender’. For example, any argument regarding the loss of your job if disqualified (or other mitigation), would not amount to a special reason.
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Special Reasons
Even if you are guilty of certain motoring offences, if the court finds special reasons, it has a discretion not to endorse penalty points, and to reduce or not impose a driving disqualification.
Common special reasons are spiked drinks, shortness of distance driven, and medical or other emergencies. The most frequently heard special reasons argument is that the offence was committed in the context of an emergency. You may have been rushing someone to casualty and in doing so you went through a red traffic light or exceeded the speed limit.
Ordinarily, special reasons arguments are made to avoid bans in drink / drug driving cases, however, it is also possible to use them to avoid penalty points for any endorsable offence.
In Drink Driving cases
Driving in an emergency
Short distance driven
Spiked / laced drinks
Reflux
In Drug Driving cases;
Driving in an emergency
Short distance driven
Passive smoking
Consuming the drug unknowingly.
The above is a non-exhaustive list.
If you are being investigated or prosecuted for any motoring law / road traffic offence, please get in touch with our motoring law specialists.