If you are facing a motoring offence, you may be at risk of disqualification. In some cases, however, the court can decide not to impose a ban if there are ‘special reasons’ relating to the offence.
At Harewood Law, we feel it’s vital for drivers to understand their options following a road traffic offence and whether you might be granted the opportunity to fight for a reduced sentence.
What is the special reasons argument?
A special reasons argument arises under the Road Traffic Offenders Act 1988 and allows a court to reduce or avoid imposing penalty points or a disqualification, even where a motoring offence has been committed.
Importantly, this does not mean the offence is dismissed. The court still records a conviction, but may decide that the usual penalty would be unjust in light of the specific circumstances of the offence.
It is also important to distinguish special reasons from ‘exceptional hardship’:
- Special reasons relate to the circumstances of the offence itself
- Exceptional hardship relates to the impact a disqualification would have on you or others
These are separate legal arguments and are considered differently by the court.
What is considered a ‘special reason’?
If you have committed a driving offence, there are certain criteria you must meet in order for the special reasons argument to apply. These are outlined in the Road Traffic Offenders Act 1988.
A matter must:
- Be an extenuating circumstance
- Not amount to a full legal defence of the charge
- Be directly connected to the commission of the offence
- Be something the court ought properly to take into account when sentencing
Where does the special reasons argument apply?
The special reasons argument applies to a number of crimes including:
- Speeding offences
- Drink/drug driving
- Driving without insurance
- Driving whilst unfit
Criteria for the special reasons argument
The main concern of the court will be the safety of the other drivers on the road at the time the offence was committed. For this reason, a wide range of criteria will be examined to ascertain whether you posed a threat, or whether you were driving in a manner that could be considered ‘safe’ or necessary outside the margins of the law.
These include:
- The distance you travelled
- The distance you intended to continue travelling
- The manner in which you drove the vehicle
- Whether you knowingly put others in harm’s way
- The condition of the vehicle driven
- The weather conditions at the time of the offence
- The traffic conditions at the time of the offence
- The reason why the vehicle was being driven
Examples of where special reasons may apply
The special reasons argument can’t be applied to every road traffic offence, and it will only be considered if the circumstances of the case allow. Examples of instances where the special reasons argument might be considered include:
A speeding offence:
You may have grounds to challenge your disqualification if you were taking someone to hospital in an emergency. This would only apply if the medical condition of the passenger was considered life threatening or urgent enough that waiting for an ambulance to arrive would have caused serious harm/fatality to the patient. You would need to have been driving in a manner that was considered safe, and only have travelled to the hospital.
A drink/drug driving offence:
Special reasons may apply if you unknowingly consumed alcohol/drugs before driving your vehicle. This can occur in the event that you were spiked. However, if you realised at any point that you were unfit to drive and continued on your journey without pulling over, stopping at a hotel, or calling someone to come pick you up, the argument is unlikely to succeed.
Driving without insurance:
A defence may arise where a driver was genuinely misled into believing they were insured, for example where another person assured them that valid cover was in place.
This will not apply where the failure to insure was due to the driver’s own oversight or failure to check.
Must there be no alternative?
For the special reasons argument to hold, there must have been no other reasonable means of the mitigating circumstance being solved.
For example, if an individual, who had consumed alcohol over the legal driving limit, drove a loved one to the hospital after recognising symptoms of a stroke, the judge would want to be sure there was no one else available who could have driven the vehicle.
They may also wish to determine whether the waiting time for an ambulance posed a significant risk to the person’s life.
What happens if special reasons are accepted?
If the court accepts a special reasons argument, it has discretion to:
- Avoid imposing a disqualification
- Avoid endorsing penalty points
- Impose a reduced or alternative sentence
However, the offence itself is not dismissed. A conviction will still be recorded.
What evidence is required?
A special reasons argument must be supported by evidence. The burden is on the defendant to establish the argument on the balance of probabilities.
Evidence may include:
- Witness statements
- Medical evidence
- Photographs or video footage
- Receipts or supporting documentation
- Expert evidence where appropriate
How is a special reasons argument raised?
Special reasons are typically argued at a separate hearing, often following a guilty plea or finding of guilt. At this hearing, evidence is presented and the court hears submissions from both sides.
The court will then decide whether special reasons are made out before proceeding to sentence.
If you’re facing sentencing for a road traffic offence where the special reasons argument may apply, it’s important to seek the appropriate legal advice as early as possible. By investing in solicitors who specialise in road traffic offences, you will give yourself a better chance of having your extenuating circumstances recognised in a court of law.
Harewood Law regularly advises and represents clients facing a wide range of motoring offences, including cases where a special reasons argument may apply. We provide clear, practical advice at every stage, from initial investigation through to court proceedings, ensuring that your circumstances are properly presented and considered.
If you are facing a road traffic offence and may be at risk of disqualification, early specialist advice can make a significant difference.
Contact Harewood Law for confidential, expert legal support.
