What Are Special Reasons?
Special reasons are mitigating circumstances directly connected to the offence that may persuade the court not to impose the mandatory driving disqualification. They do not amount to a defence and do not affect the conviction itself. The burden of proving special reasons on the balance of probabilities falls on the defendant.
The legal basis for special reasons is found in section 34(1) of the Road Traffic Offenders Act 1988. The court has discretion, but is not obliged, to refrain from disqualifying or to disqualify for a shorter period than the mandatory minimum. The circumstances must be special to the offence, not to the offender.
To qualify as a special reason, the circumstance must be directly connected to the commission of the offence, not amount to a defence in law, be a mitigating or extenuating circumstance, and be one that the court ought properly to take into account when imposing sentence.
Common Examples of Special Reasons
Laced Drinks
If your drink was laced with additional alcohol without your knowledge, this is a recognised special reason. You must demonstrate that you did not know your drink had been spiked and that without the additional alcohol, you would have been under the limit. Expert toxicology evidence is usually required.
The court will consider what you believed you were drinking, the quantity consumed, and whether you would have been over the limit based on what you thought you had consumed. Witness evidence from those present is often critical to the success of this argument.
Short Distance Driven
Driving a very short distance can amount to a special reason, but the distance alone is not sufficient. The court will consider the distance driven, the manner of driving, the condition of the vehicle, whether there was an intention to drive further, and the likelihood of coming into contact with other road users.
A successful short distance argument typically involves driving only a few yards, in a car park or private road, with no risk to other road users. Simply driving a short distance on a public road is unlikely to succeed without additional factors.
Emergency Situations
Driving in a genuine emergency can be a special reason. This includes situations where someone needed urgent medical attention and no alternative transport was available. The emergency must be real and immediate, not merely a perceived inconvenience.
The court will assess whether there was a genuine emergency, whether you had any alternative to driving, and how far you drove. You must show that a reasonable and sober person in the same situation would have driven. The emergency must have arisen unexpectedly.
How to Argue Special Reasons in Court
A special reasons hearing operates like a mini-trial. The defendant calls evidence, which may include their own testimony, witness statements and expert evidence. The prosecution may cross-examine witnesses and present opposing evidence. The magistrates then decide on the balance of probabilities whether special reasons exist.
The hearing takes place after conviction, either on the same day as a guilty plea or after a trial verdict. Preparation is critical. Your solicitor must gather all supporting evidence well in advance and present it in a structured and persuasive manner.
If the court finds that special reasons exist, it has discretion to impose no disqualification, a shorter disqualification, or penalty points instead of a ban. The court is not obliged to exercise its discretion in the defendant's favour even if special reasons are proved.
What Happens If Special Reasons Are Accepted?
If the court accepts that special reasons exist, it may decide not to disqualify you at all or to impose a shorter period of disqualification than the mandatory minimum. The court may impose penalty points instead of a ban. The conviction itself remains on your record regardless of the outcome.
The court retains full discretion even after finding special reasons. It will consider the nature and seriousness of the offence alongside the special reasons. A very high reading, for example, may lead the court to impose a ban despite accepting that the drink was laced.
Do You Need a Solicitor for Special Reasons?
Special reasons arguments are legally and procedurally complex. The evidence must be gathered, prepared and presented to a specific legal standard. The hearing involves examination and cross-examination of witnesses. Attempting to argue special reasons without legal representation significantly reduces the prospects of success.
A specialist solicitor will advise whether your circumstances are likely to meet the legal test for special reasons. They will instruct expert witnesses where necessary, prepare your case for hearing and present the argument to the court. Early legal advice is essential to ensure evidence is preserved.