Special Reasons

Regardless of the charge, there may be a possibility that "special reasons" apply in any case. A special reason is essentially a unique circumstance that is relevant to your case and directly related to the commission of the offence. If a special reason is accepted by the Court then it allows them to deter from the normal statutory penalties.

There are strict criteria for something to amount to a special reason that are:

1. The reason must be a mitigating or extenuating circumstance;
2. It must not amount to a defence to the allegation;
3. It must be directly connected to the offence itself; and
4. It must be something that the court should properly consider when imposing punishment.

It is important to understand exactly how a Special Reason can affect your case. If Special Reasons are accepted by the court it does NOT mean that you avoid a conviction but it may allow you to escape the usual penalty. For example, a driver may avoid the mandatory 12 month disqualification for drink driving if a special reason is accepted. He may receive a lower disqualification or (in most cases), no disqualification or penalty whatsoever. However the actual conviction will still be recorded against him.

The most common Special Reasons arguments are:

1. An emergency situation;
2. Shortness of distance driven;
3. Spiked/Laced drinks.

Difficulties with Special Reasons Arguments

To avoid everybody running a special reasons argument to try and avoid a penalty, the courts take an extremely strict view on special reasons arguments to ensure that a genuine special reason actually exists (particularly in drink driving cases).

Arguments will be scrutinised and the court will often look for any possible alternative to committing an offence that the driver may have adopted. For example, if the special reasons argument focuses on an emergency situation, the court will want to know the following:

1. The nature of the emergency;
2. The seriousness of the emergency;
3. Why emergency services could not have been called as opposed to committing an offence;
4. Why somebody (or anybody!) else could not have driven at the time;
5. Whether the commission of the offence was actually beneficial or assisted in some way;
6. The risk presented to other road users; and
7. The distance driven.

This list is not exhaustive but hopefully will help you understand the position that the court will adopt when listening to a special reasons argument.

How Can We Help?

We would always strongly recommend discussing your case with one of our specialist motoring lawyers.

Once we have an understanding of the case, we can provide you with our full and honest opinion as to whether or not your circumstances may amount to a "special reason".

Even if a special reason does exist, we may recommend an alternative option that may be more beneficial in respect of sentencing and costs so it is always worth contacting us for a free consultation.