Special Reasons and the Law

There are many different types of motoring offences, including drink driving, driving in an emergency or driving without insurance, with which you might be charged. In some driving offence cases, the court hears that there were exceptional circumstances that led to the person committing a motoring offence. These are called ‘special reasons’ and may result in a lighter penalty, or no form of punishment at all from the courts.

If there were mitigating or extenuating circumstances peculiar to your case that led to the commission of the offence, you could potentially present these to support your defence. Here, the expert road traffic offences solicitors at JMW explain what circumstances constitute special reasons, how they apply to different types of driving offences, and what a solicitor can do to protect drivers from unfair sentences when these situations apply.

What are 'special reasons'?

Special reasons are outlined in the Road Traffic Offenders Act 1988, which sets out several circumstances that can be presented to mitigate sentencing if you are accused of a relevant offence - namely, a driving offence. They can be relied upon for most road traffic offences: drink driving, no insurance and driving whilst unfit, to name a few.

There are four minimum criteria that must be met in order for the court to accept that there are ‘special reasons’ for the commission of the offence. A matter must:

• Be a mitigating or extenuating circumstance
• Not amount to, in law, a defence to the charge
• Be directly connected with the commission of the offence
• Be one which the court ought properly to take into consideration when imposing sentence

Understanding and meeting these criteria can be complicated, and you should speak to a solicitor for further guidance if you believe they may apply. We can talk about the potential outcomes of defending a particular offence based on the circumstances under which the offence was committed, or is alleged to have been committed, and help you to establish whether special reasons can be relied upon.

What are the penalties for driving offences without special reasons?

For the majority of motoring offences, the penalty is either a mandatory disqualification or the obligatory endorsement of penalty points. For some people, the endorsement of penalty points on their driving licence is not particularly life changing. However, a driving ban is more likely to have a significant impact on a person’s life, possibly resulting in a loss of employment. For very serious offences, the penalties can also include a custodial sentence or a fine.

In some instances, the court will take into account a person’s personal circumstances when deciding on the length of the disqualification that will be imposed. However, mitigating circumstances of a personal nature will not prevent the imposition of a mandatory disqualification, nor will it reduce the length of the ban below any minimum period that must be imposed.

However, as with all rules there is an exception. If you are found guilty of an offence or plead guilty, there may be ‘special reasons’ as to why you committed the offence. The court accepts that ‘special reasons’ exist, and if your situation is acknowledged, you could receive penalty points rather than a mandatory disqualification, or no points at all if your case is one involving the obligatory endorsement of points.

Shortness of distance

The distance you drove whilst you were over the limit was only a very short distance. The paramount concern of the court in this situation would be the safety of other road users and pedestrians and the likelihood of you coming into contact with members of the public. There are also a number of other factors the court will take into account, including:

• How far the vehicle was driven
• The manner in which the vehicle was driven
• The state of the vehicle
• Whether the driver had the intention to drive any further
• The road, traffic and weather conditions at the time
• Whether there was a possibility of danger
• The reason for the vehicle being driven

Genuine emergency

Special reasons may apply if you have driven your vehicle as a result of an emergency situation, such as a friend or relative requiring immediate medical attention. However, the argument is unlikely to be successful if calling an ambulance was a viable alternative.

Insurance

Where you have been genuinely misled into believing you were insured to drive a vehicle. An example of this would be when a parent takes out a policy of insurance on behalf of their child and forgets to renew the policy.  However, in the absence of being misled, this does not amount to a ‘special reason’.

Spiked drinks (drink driving cases)

Where your drinks had been spiked and you were unaware of your true alcohol consumption, you may avoid a penalty for driving with excess alcohol in your system.

If the court accepts your special reasons argument, it may not impose penalty points on your driving licence or may otherwise reduce your sentence. Having your solicitor represent you during sentencing and uphold your rights can be an important way to make sure a sentence is not unfairly harsh.