Special Reasons in Driving Offence Cases

Request a Free No Obligation Phone Consultation

Get Expert Legal Help Today

5.0 179 reviews

What are Special Reasons?

Special Reasons are not a defence. Some more serious driving offences carry a mandatory driving ban unless special reasons exist. Examples include drink driving, dangerous driving and drug driving.

Most other driving offences carry penalty points. If you are convicted, the court must impose a minimum number of points. Special reasons do not automatically enable you to escape disqualification or endorsement.

Where special reasons are found, it means that the court has the discretion to:

Not impose penalty points
Disqualify you for a shorter period
Not disqualify you at all

Special Reasons Must Relate to Why The Offence Was Committed

It is important to remember that special reasons must relate to the commission of the offence itself and not the individual’s own circumstances. This means that financial hardship or previous good character cannot be used as a special reason.

It is important that you understand the law before attempting to make an argument, as you’ll only get one chance. Yes, you can appeal, but appearing in the Crown Court is a far more daunting and potentially costly experience than getting it right the first time in the Magistrates’ Court.

You’ll need to give evidence on oath when presenting your case and may need to provide documentary evidence to support your case.

Examples of special reasons

Driving a short distance
Being misled into committing the offence
Having your drinks spiked
Driving in an emergency (may also be a defence)
Temporarily obscured road signage

You should not rely on these examples without ensuring you understand the law in full.

Special reasons are not a defence

For this reason, if you intend to put forward special reasons, you would normally accept that the offence was committed. You would enter a guilty plea but inform the court of your intention to put forward special reasons.

There are exceptions to this, for example, where you intend to put forward an argument that could constitute both a defence and a special reason, such as an emergency (necessity or duress of circumstance).

Legal Definition

To amount to a “special reason”, a matter must:

A mitigating or extenuating circumstance
Not amount 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 a sentence

Advice

If you think you may have a special reasons argument and need advice, we can help. Speak to us if you think there are special circumstances that the court should take into account. We can advise you on how to prepare for court and give yourself the best chance of success.

Magistrates' Court Hearings

We can represent you at a special reasons hearing. The hearing itself is similar to a trial and you will have to give evidence. Our solicitors only deal with motoring offences so you will get the best advice. If you have an upcoming Magistrates’ Court hearing and need representation or advice on preparation, let us help.

Looking For Advice About A Driving Offence?

Talk to us today about how we can help you

Call Our Office

Email Our Team

Special Reasons FAQs

Will I have to go to court?

Yes. The burden is on you to establish special reasons.

You will need to give evidence to explain to the court why special reasons exist and why the court should exercise its discretion.

What happens at a special reasons hearing?

The hearing will be similar to a trial. This means you’ll have to give evidence on oath and face cross-examination by a prosecutor as well as questions from the Magistrates. For these reasons, it’s important to be prepared.

How do I argue Special Reasons?

You will need to put the court on notice that you intend to argue special reasons. The court will usually want to know the basis of your special reasons argument. It is also important to consider whether you will need any prosecution or defence witnesses to give evidence in support of your case. Usually, the court will require you to state which facts are and are not in dispute. This is often done at a Case Management hearing and the matter will then be listed for a full hearing some weeks thereafter.

Do I need to take witnesses to court?

It depends what the basis of your argument is. Witnesses can be helpful, but they can also harm your case if they say something unexpected in the witness box.

Your solicitor should take a detailed statement from them beforehand so they know roughly what the witness’s evidence will be.

If the court finds special reasons, will there be no penalty?

If the court finds special reasons, it gives them the discretion not to disqualify or endorse a licence. If the court doesn’t feel it is appropriate, it can choose not to exercise its discretion.

Note that the court may still impose a financial penalty and prosecution costs even if the argument is successful.