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Testimonials


I was so impressed with the professional manner in which I was treated.Every part of the legal process was fully explained to me.I was given a clear indication of the parameters we were working within.Most importantly I felt things were in hand and this helped calm what was a highly anxious situation.Most importantly I was fully prepared for my case.
, Glasgow Justice of the Peace

After pleading guilty to a charge of dangerous driving, mainly due to not understanding fully the consequences, I received a letter from the Procurator Fiscal rejecting my plea. I found out I would be liable for a minimum of 12 month ban, and should seek legal advice. After speaking with 2 other firms, both of which were extremely unhelpful (verging on rude), I called Road Traffic Law and spoke with Kirstin Ferguson, who was very helpful and positive about my case. I met her a day later to discuss my case, and she immediately pointed out a few problems with the statement of evidence provided by the Procurator Fiscal. 2 days later she called to advise that after speaking to the PF, my case had been dismissed due to a technicality! Being almost 6 months pregnant and extremely stressed over this situation, I cant believe its actually over and can only stress how helpful Kirstin was in resolving this matter so quickly. I would not hesitate in recommending Road Traffic Law, and Kirstin in particular, to everyone.
, Paisley Sheriff Court
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.

IN-THE-MEDIA

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Special Reasons Not To Disqualify

What Are The Special Reasons To Avoid Disqualification?

Special reasons are relevant if you are convicted of a road traffic offence which has a penalty of disqualification, or obligatory endorsement. Although special reasons are not technically a defence, they can significantly reduce the sentence you receive and can mean that you avoid a driving ban.

Obligatory disqualification

  • Imposed for serious offences such as dangerous driving or drink driving.
  • The court must disqualify for a period of at least 12 months (more if you have a similar previous conviction, or if the offence is particularly serious one).
  • The court may shorten the period of disqualification or remove it altogether if it considers that there are “special reasons” to do so.

Obligatory endorsement

  • Imposed for a range of offences, including speeding, using a mobile phone, not having insurance, as well as more serious offences where disqualification can also be imposed.
  • The court may impose anything up to 11 penalty points.
  • If the court thinks that there are “special reasons” for doing so, they will decide not to endorse your licence (it cannot reduce the number of points it imposes).

Special reasons can only relate to the facts and circumstances of the offence itself, such as the reason why it was committed. Your personal circumstances, for example the effect that the disqualification/endorsement will have on you or others, or the fact that the offence was “trivial” (for example if you only slightly exceeded the speed limit) do not count as special reasons.

Examples of special reasons

Medical emergency

If you can show that you committed the offence only because of a medical emergency, then this will amount to a special reason. However, the emergency must be genuine and unforeseen. You must also show that you drove only as a last resort: you must have exhausted all other possibilities of dealing with the emergency, including contacting the emergency services. For example, if a driver who lived in a rural area drove (whilst over the legal limit) to take his seriously sick child to hospital because no ambulance was available, then this would probably amount to a special reason for not disqualifying.

Short distance

Whether the fact that you only drove for a short distance amounts to a special reason depends on the whole circumstances of the incident. The law is complex in this area, but what is clear is that the distance must be very short indeed, and the court will carefully consider any danger that you posed to the public.

Laced Drinks

For offences involving alcohol, it will not be a special reason if you did not realise how much you drank. But if you don’t know that you are drinking alcohol (for example, if you are served regular beers when you asked for alcohol-free ones), or you don’t realise how alcoholic your drink is (for example, if someone “spiked” your pint with shots of tequila), then a special reason might be established if it was obvious that the unadulterated drink would not have put you over the legal limit.

Graham Walker

Graham Walker

Road Traffic Lawyer at RoadTrafficLaw.com
Road Traffic Lawyer: Graham Walker LLb,DipLP,NP

30 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law. Whatever the road traffic law problem is we are sure that we can help you. It may be about speed cameras, Speeding fines, penalty points. Call 0800 612 9597.
Graham Walker
Graham Walker
Graham Walker
Graham Walker

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