In some cases ‘special reasons’ could help you avoid disqualification
Many offences result in obligatory disqualification. Others result in obligatory penalty points. In such cases, ‘exceptional hardship’ cannot be considered by the Magistrates.
However, you may be able to satisfy the Magistrates that there are ‘special reasons’ why you should not be disqualified or have your driving licence endorsed.
Cases such as this will almost inevitably involve you giving evidence on oath to the court and then being cross-examined. They may involve others, such as police officers, also giving evidence and you, or your lawyer, cross-examining them. Expert evidence is often required in these cases.Make an enquiry »
Specific criteria for ‘special reasons’ cases
Special reasons only exist if the facts of the case fall within very specific criteria:
1. The reason must be a mitigating or extenuating circumstance;
2. It must not amount to a defence;
3. It must be directly connected to the commission of the offence, (as opposed to the offender) and;
4. The reason must be one that the court ought properly take into account when imposing punishment.
If the Magistrates accept that the criteria have been satisified they have a discretion not to disqualify or endorse – but are not bound to exercise this discretion in your favour.
In the past the courts have accepted a number of ‘special reasons’. The most common are: emergency, a very short distance driven or ‘spiked’ drinks.
‘Special Reasons’ cases are very like trial cases and can be just as complicated – often more so. We strongly advise expert advocacy in all ‘special reasons’ cases.