17
Jul 2020
Motoring Law ‘Special Reasons’ – All or Nothing?
If you’re charged with a certain type of road traffic offence, such as drink-driving, there may be ‘special reasons’ why it would be unfair on the defendant if the court sentenced them in accordance with the sentencing guidelines.
When judging a special reasons hearing, the court must either not find special reasons and endorse the appropriate number of points, or find special reasons and not endorse the licence at all. There is no middle ground.
There is no legal definition of ‘special reasons’. There is however an established four-part criterion which must be met in order to successfully run a defence, the ‘special reason’ must:
- Be an extenuating or mitigating circumstance;
- Not amount to a defence in law;
- Be directly connected with the commission of the offence (not the offender); and
- Be a reason which the court ought to properly take into consideration.
The case law is clear that even if the matter ‘wasn’t very serious’ or that ‘no-one got hurt’ is not proper basis to pursue a special reasons argument. The factors which the court will take into account include:
- The reason for driving;
- The distance driving;
- The manner of driving;
- The road and traffic conditions; and
- The risk of harm or danger to other road users.
Special reasons must be analysed on a case-by-case basis, there is no ‘one size fits all’ when pursuing this type of mitigation. Common arguments which have the capability of amounting to special reasons include:
- In an emergency with the immediate risk to life or serious injury with no other means of transport;
- If the distance driven was very short and contact with other road users was very unlikely; or
- The driver’s drink was unknowingly laced.
The following reasons are not capable of amounting to special reasons:
- If the defendant is of good character, and would suffer hardship (financial or otherwise) if he was banned from driving;
- If the defendant’s employment is to support the public or local community (e.g. a GP or a support worker);
- If the offence was trivial or that no-one got hurt or no property was damaged.
If you’ve been charged with drink or drug driving and believe special reasons may apply, then obtaining legal advice at the earliest opportunity is essential so we can apply your situation to the law in providing you with clear, concise advice.
Contact our motoring law team today on 01924 379 078 to discuss your case with one of our solicitors, or email Harveyblake@chadlaw.co.uk to request a call back.
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