Special Reasons
For many Road Traffic offences, if a ‘special reason in law’ can be established the Court may either decide not to impose penalty points on your driving licence, or exercise their discretion not to ban you from driving at all.
The law defines that a ‘special reason’ must:
• Be a mitigating or extenuating circumstance;
• Not amount in law to a defence to the charge;
• Be directly connected to the commission of the offence; and
• Be one which the Court ought properly to take into consideration when imposing sentence.
A ‘special reasons’ argument can apply to a wide variety of motoring offences including drink driving; driving without insurance; speeding; failing to comply with traffic signs; or dangerous and careless driving.
Examples of special reasons to avoid a ban in drink driving cases include spiked drinks, driving in a genuine emergency or driving a very short distance.