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Testimonials


Wow Wow Wow I have had these cases worrying me sleepless for months, one telephone call and a quick visit to the Glasgow Office and I had the first case dismissed without even having to give evidence, just had a call to say the Mobile Case calling tomorrow has also now been dismissed, these cases would have cost me my licence, I can't believe how efficient and smart these guys are, they certainly know the Traffic Law inside out and Back to Front, if you need a Road Traffic Lawyer these are definitely the guys to come to.
, Paisley

Mr Walker did what two other legal adviser's failed to do! After lengthy consultation and advice with two other solicitors they failed to sort this case for me. Mr Walker took a "Late plea to the competency of the charge" *(Late because other advisers failed to take the point) He successfully argued that the point should be debated although this was opposed by the PF but allowed by the court after representations made by Mr Walker. He later attended court and argued that the case should be thrown out....which it was. Delighted with result and happy to recommend Mr Walker's firm to anyone who needs a good road traffic lawyer.
, Coatbridge Justice of the Peace
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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