Avoiding a Driving Disqualification – Special Reasons
ARGUING SPECIAL REASONS TO AVOID PENALTY POINTS
Whenever an offence carries penalty points, there also exists at the same time a discretionary power on the part of the Court to disqualify. The Court can do one or the other, not both.
If a discretionary disqualification is unlikely, it may still be possible to avoid the endorsement of penalty points on a driving licence. This is possible where a driver can show that special reasons exist to justify this course of action.
As in the case of a mandatory disqualification, a special reason in this instance must satisfy four criteria:
- It was not to be a defence to the charge;
- It must be a mitigating factor;
- It must be directly related to the commission of the offence; and,
- It must be a factor which a Court should properly take it into consideration when considering a sentence
Our team of lawyers has successfully persuaded the Magistrates’ Court that special reasons existed in the following scenarios: –
- Speeding in circumstances amounting to an emergency.
- Duress explaining a red light contravention.
- Driving without insurance where the automatic renewal of the insurance had not taken place and the driver was misled as to being insured.
- Speeding where ignorance of the speed had been due to a mechanical defect.
We are specialists in the extensive body of law that sets out when special reasons might be found. Alternatively, if we don’t know the answer immediately, our road traffic lawyers are also able to access the full array of reference materials to ensure that the best advice is given and the prospects of a successful special reasons argument are maximised.
We will always investigate the circumstances of your case and see whether legal aid is available for your free representation in your motoring law case before the Magistrates’ Court. You can read more about the legal aid scheme here.
If you are not eligible than we will provide representation in your road traffic case for a fixed fee. This will allow you to know about and budget for the cost of your legal fees. You can read about these fees here.
If you wish to discuss whether the circumstances of your case could lead to a successful special reasons argument to avoid penalty points or a driving ban then please contact your nearest office.
Alternatively you can contact us using the form below.