Special Reasons

A special reason’s hearing is a legal procedure whereby a motorist can advance a set of circumstances in efforts to avoid disqualification and/or penalty points.

A special reason is one which is special to the facts of the particular case and may be argued after a conviction or plea of guilty. It is therefore unique to the circumstances of the offence alleged and does not relate to you, such as the fact that you need to retain your driving for your employment.

The following have been decided by Courts in the past NOT to be a special reason:
• Financial hardship;
• Previous good character with a clean driving history;
• Loss of employment;
• Loss of home.

What amounts to a special reason is a question of law and therefore it is essential that you seek legal advice when charged or summonses with an offence to see if a special reason is likely to apply in relation to your case. If special reasons are found to apply then the Court is permitted to not disqualify, in the cases of offences carrying mandatory disqualification, and it can elect to impose no penalty points in cases of endorseable offences.

Recognised special reasons are as follows:
• Emergency;
• Laced drinks;
• Shortness of distance;
• Being misled by an insurance company

The above are not an exhaustive list and the Court will uphold something as a special reason provided it falls within the following strict criteria:
• It must be a mitigating or extenuating circumstance;
• It must not amount in law to a defence to the offence for which you have been charged or summonsed to Court;
• It must be directly connected with the commission of the offence in question;
• It must be something which the Court may properly consider when it imposes punishment on you