Special Reasons not to endorse or Disqualify

Drink Driving - Special Reasons

The Road Traffic Offenders Act 1988, s. 34(1) [1] provides legislation relating to special reasons not to disqualify or to disqualify for shorter period, it states:
(1) Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified.

In certain circumstances defendants convicted of drink driving offences may be able to have any mandatory period of driving disqualification significantly reduced or totally avoided if 'special reasons' not to endorse or disqualify are successfully established.

Driving licence endorsements & penalty points can also be avoided if special reasons are successfully established.

Special reasons must be put forward by the defence using evidence and may be subject to cross examination and evidence in rebuttal from the prosecution.

When special reasons not to disqualify are successfully established, it is no guarantee that disqualification or endorsement will be avoided. It remains at the sentencing courts discretion whether or not the special reasons put forward make it proper not to disqualify or endorse.

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Arguing that any period of disqualification imposed will cause extreme hardship to an offender or their family WILL NOT amount to a special reason.


What are special reasons?

Special reasons must relate to the commission of the drink driving offence in question and in order to constitute a special reason the Court of Appeal has established that any matter put forward as a special reason not to endorse or disqualify must:

  • be a mitigating or extenuating circumstance;
  • not amount in law to a defence to the drink driving charge;
  • be directly connected to the commission of the drink driving offence;
  • be one which a court of law ought to properly take into consideration when considering what sentence to impose.

What must the court consider?

When special reasons are put forward in drink driving cases the sentencing court must consider the following factors:

  • the reason for driving the motor vehicle;
  • the distance the motor vehicle was driven;
  • the manner in which the motor vehicle was driven;
  • the condition of the motor vehicle which was driven;
  • whether or not it was the drivers intention to drive the motor vehicle further;
  • the road and traffic conditions at the time the offence took place; and
  • the possibility of danger to other road users at the time (most important factor)

Possible Special Reasons

  • Very short distance driven (moving car a few yards to safety)
  • Driving due to an emergency (medical or otherwise)
  • A drivers drink being laced or spiked without their knowledge

The onus of establishing special reasons is on the defence/defendant.


Establishing special reasons is a complicated and technical area of law where there is a great deal of case law available as to what amounts to special reasons. It is advisable to take advice and counsel from a solicitor advocate who specialises in drink driving and motoring law in order to establish if arguing special reasons is plausible.

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Reference:

[1] The Road Traffic Offenders Act 1988




Special Reason Cases - In the News


Corton Denham drink driver said he had only got behind the wheel to get to ... - Western Gazette


Western Gazette

Corton Denham drink driver said he had only got behind the wheel to get to ...
Western Gazette
The case was adjourned until February 13 next year for a special reasons hearing to take place to decide if Dodge can successfuly argue against being disqualified from driving. Until his next court appearance he was released on unconditional bail.

Thu, 23 Oct 2014 11:22:57 GMT




Tilehurst hairdresser avoids ban for drink driving - Reading Chronicle


Tilehurst hairdresser avoids ban for drink driving
Reading Chronicle
Magistrates at a hearing on Monday at the same court had ruled there were special reasons not to ban Turner from driving as the distance had been just a few metres. Driving under the influence of alcohol usually incurs an automatic driving ban of a ...

Mon, 29 Sep 2014 13:20:56 GMT




Virgin's plan to cut the cheap seats - Perth Now


Perth Now

Virgin's plan to cut the cheap seats
Perth Now
The airline's five Boeing 777s will have 22 fewer seats and its six A330s will lose four in a move that is likely to drive up fares at the pointy end of the planes. Virgin Australia chief John Borghetti said he was confident passengers would happily ...

and more »
Thu, 25 Sep 2014 12:14:31 GMT




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