Using Special Reasons in a Driving Offence Case
We have years of experience of Using Special Reasons in a Driving Offence cases
For free initial advice call 0800 999 5535
Committing a road traffic offence often results in a fine, penalty points added to your licence and, in some cases, a disqualification from driving.
However, it’s possible to use something called “special reasons” in a driving offence case.
If you’ve been charged with a road traffic offence, read on to find out if you have a case for special reasons and the action you need to take.
What are “Special Reasons”?
Special reasons apply to any motoring offence where the driver is at risk of either having penalty points added to their licence or disqualification from driving. Special reasons help a court to decide, even if an offence has been proven, that the circumstances surrounding it are unusual.
The reasons given must be directly connected with the offence and be information the court can consider when deciding how to pass sentence upon the defendant.
If the court accepts special reasons, they can impose:
- No penalty points where the offence would typically accrue them
- Penalty points instead of a driving disqualification
However, please be aware that special reasons cannot be used as a sole defence.
In what cases can special reasons be used?
Special reasons can be used in almost all driving offence cases, including:
- Drink driving
- Drug driving
- Driving without insurance
- Driving without a license
- Driving while using a mobile phone
- Dangerous or careless driving
- High excess speeding
If charged with any of the above, special reasons may help you receive a lighter sentence, or have the charges dropped altogether.
Why is legal advice important?
Using special reasons in a driving offence case can get your conviction quashed – and a specialised road traffic offence lawyer, like us, is your best chance of winning your case.
Our solicitors at KeepMyDrivingLicence.co.uk will review the charges against you and regardless of how you plea, leave no stone unturned to ensure you receive the strongest defence possible.
Using Special Reasons in a Driving Offence Case – FAQs
1: I’ve been caught drink driving. Can I use special reasons to reduce my sentence?
In a genuine emergency, you may have had no other option to get behind the wheel while under the influence.
You may also have had your drinks were spiked on a night out or were unaware your drinks contained alcohol.
2: I’ve been caught driving under the influence of drugs? Can I use special reasons to reduce my sentence?
However, you’ll have to prove you were unaware you were taking illegal substances.
3: I’ve been caught driving without insurance. Will special reasons reduce my penalty points?
If your policy provider has made an error or cancelled without informing you, special reasons can be used.
Your partner or a parent, for example, may have mistakenly informed you that you were insured to drive their vehicle.
4: I’ve been caught driving over the speed limit. Can special reasons help keep my driving licence?
In a genuine emergency, you may have had to speed to reach a hospital, place or person. It’s possible in these cases to claim special reasons to reduce or quash the conviction.
5: I’ve been caught driving without a license. Can special reasons lessen the punishment?
If your licence was revoked and you weren’t informed, then you can use special reasons as part of your defence.
6: I’m being prosecuted for dangerous or careless driving. Can special reasons help keep my driving licence?
If your driving is below or far below that of a reasonable and competent driver then a special reason may apply due to a genuine emergency, special reasons could be advanced.
7: I’ve been caught driving while using a mobile. Will special reasons reduce my penalty points?
If you were using your mobile in a genuine emergency, special reasons may be used as part of your defence.
8: Why should I employ a specialised solicitor?
A specialised solicitor has experience in defending clients accused of road traffic offences.
9: How can a specialised solicitor help?
A specialised solicitor, like ourselves, deal solely with road traffic offences, which means we know road law inside out and are your best chance of receiving a reduced sentence – or having the charges dropped altogether.
Should I drive to Court?
This depends on your plea: Yes, if you are pleading not guilty. No, if you are to be sentenced for an offence that carries a mandatory disqualification.
Our advice is that anyone who faces the possibility of a period of disqualification, no matter how small, should not drive to Court.
The Police Officer said that if I instruct a Solicitor I can avoid a disqualification, is this true?
This can be true in a lot of cases, however, if it is your intention to plead guilty to an offence that carries a mandatory period of disqualification, then the Magistrates have no discretion not to impose a period of disqualification.
I really need my car for my job, will the Court let me keep my licence?
If you are facing a disqualification for accumulating 12 penalty points or more (‘totting up’) or facing a sentence that carries a discretionary disqualification, then it is possible to persuade the Magistrates not to disqualify you. However, if you are to be sentenced for an offence that carries a mandatory disqualification, like driving with excess alcohol for example, then these types of offences carry a mandatory disqualification and the Magistrates have no discretion. In those circumstances you will only avoid a ban if your case is successfully defended after a not guilty plea.
Do you cover cases on Legal Aid?
No. All our cases are on a private paying fixed fee basis. We will tell you what your exact fees will be before you engage us. We cover Courts throughout England and Wales. Only general Criminal Defence Solicitors (not road traffic specialists) based in an area close to where your Court case is, will have a Legal Aid Contract. You may not be eligible for Legal Aid in any event. The two tests for whether you are eligible for Legal Aid are
- Whether you are financially eligible
- Whether it is in the interest of Justice for you to receive Legal Aid for the offence that you are due to appear before the Court for. For almost all road traffic matters you will not be eligible for Legal Aid as for a lot of cases the Sentence is a financial penalty and either penalty points or a disqualification.
Will I have to say anything in Court?
Once we are instructed by you, we will advise you of the precise Court procedure. If you are pleading guilty to an offence, then you will only have to confirm your name and enter your plea. We will present the mitigation on your behalf.
If you are pleading not guilty, you may have to give evidence at your Trial, but you will be guided by Millars Solicitors.
What are my chances, can you give me a percentage?
We would not give a client their chance of success in a percentage. We would not give a client their chance of success in a percentage, as this is not realistic. We provide all clients with a comprehensive assessment of their case and we are instructed on the basis that the client has been advised of their chances of success.
Will the Police or witnesses be in Court?
Need advice from a motoring offence specialist?
If you feel you’ve been charged unfairly, using special reasons in a driving offence case could help you receive a lighter sentence or have the charges against you dropped completely.
KeepMyDrivingLicence.co.uk would like to defend you.
We’ll look at the facts of your case, explain the possible outcomes and support you when you need it most.
From Our Clients
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In this article, we’ll explain totting up bans in detail, the penalties you might face and what you can do to overturn the decision.
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About Keep my Driving Licence
Keep my Driving Licence is part of Millars Solicitors who are a specialist firm of road traffic and drink driving solicitors who represent motorists all over the country.
Formed by Carl Millar, Millars Solicitors has adopted his dogged tenacity and exacting technical understanding of motoring law. Before starting Millars Solicitors, Carl has been employed as the Head of Department at some of the most high profile Motoring Law Firms in the country. He is a member of the Society of Motoring Lawyers and has an enviable nationwide reputation for the results he gets for his clients.
Through representing a wide range of people you will find Carl and his team very approachable and never judgemental. Their advice is straightforward and will leave no stone unturned in pursuing all available defences in presenting your case.
If you have been caught drink driving you can contact Carl today on 0800 999 5535 or you can send a confidential email by clicking here. If you need to speak to a drink driving solicitor out of office hours than please call the 24 hour emergency line on 07855 806119.