Avoiding or Reducing Disqualification – Special Reasons

When facing a driving disqualification, there are a few defences that your lawyer can use to reduce the ban or penalty points, including ‘special reasons’. A special reason is a mitigating or extenuating circumstance that can help an offender avoid or reduce a driving ban or penalty points. The special reason must be directly connected to the commission of the offence itself in which the court ought to consider when imposing sentence.

There is a two-stage process to a special reasons hearing:

1. Determining whether there are special reasons.
2. If yes to the above, should the court exercise their discretion?

To determine whether there are special reasons, the matter must

1. be a mitigating or extenuating circumstance.
2. not amount to a legal defence to the charge.
3. be directly connected with the commission of the offence; and
4. be one which the court ought properly to take into consideration when imposing sentence.

Some examples of situations that may amount to special reasons include:

• Where there was an emergency as there was an imminent danger of life or limb and there was no other alternative than to drive.
• Where the driver only drove a short distance (eg, a few meters) and the circumstances were such that the driver was unlikely to be in contact with other drivers.
• Where the driver unintentionally or was misled to committing the offence through no fault of their own (e.g., a tampered with drink).

It is important to note that the Court is not bound to exercise its discretion and, in some cases, will not do so. This has been made clear in Vaughan v Dunn [1984] where Robert Goff LJ said, “the exercise of the discretion…should only be exercised in clear and compelling circumstances”.

Additionally, when special reasons apply, the Court has discretion as to whether to:

• disqualify at all where the offence carries obligatory disqualification.
• disqualify for a shorter period where the offence carries obligatory disqualification; or
• endorse the defendants license with penalty points where the offence carries obligatory penalty points.

Chadwick Lawrence have successfully presented all types of special reasons in court. If you wish to gain some advice on whether you have a strong prospect on arguing special reasons in court, then please get in touch with Naila Hussain from our Crime Team at NailaHussain@chadlaw.co.uk or fill in our online contact form for a call back.