Special Reasons Not to Disqualify
Special Reasons Not to Disqualify : the Key Points
What It Is – Special reasons allow courts to avoid or shorten mandatory disqualification and endorse penalty points.
Legal Basis – Based on Section 34(1) of the Road Traffic Offenders Act 1988, giving courts discretion for certain offences.
Eligibility – Applies to offences carrying mandatory disqualification (e.g. drink driving, dangerous driving) or penalty points endorsement.
Criteria for Special Reasons – Must be directly linked to the offence, extenuating, not amount to a legal defence, and one the court should consider.
Examples – Medical emergency, extremely short driving distance, or drink spiked without knowledge.—not exceptional hardship or minor offence
Process – Application made at sentencing or on admission, followed by a Special Reasons Proof hearing where evidence is led.
Burden of Proof – Defendant must prove special reasons on the balance of probabilities; court retains full discretion.
Limits – Courts set a high bar: personal circumstances, hardship or offence triviality do not qualify—only clear, compelling circumstances may succeed.
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What Are Special Reasons To Avoid Disqualification or Endorsement?
Special reasons not to disqualify or endorse 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.
- 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.
- 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.
Your Complete guide to Special Reasons Not to Disqualify
Do you want to know more about this subject? Our comprehensive collection of articles and guides break down everything you need to know, including the most recent legal news and developments
Examples of Special Reasons
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.
We strongly recommend that you receive further legal advice on this issue before incurring the costs of lodging your petition with the court that imposed the ban, and it is a service that our firm can be instructed to represent for.
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.
FAQs
(Frequently asked questions)
How do I argue special reasons?
This is done via a “special reasons proof”. Following a Guilty plea, a proof can be set at your request. At the proof, you lead evidence as to why there are special reasons in your case. In some circumstances, a document called a “joint minute of agreement” can establish the evidence. After that, your solicitor makes legal arguments on your behalf.
A disqualification would cause me personal hardship. Is this a special reason?
No. Special reasons relate to the reason that the offence was committed, not the personal circumstances of the accused.
What will the prosecution do?
This depends. A special reasons proof is essentially a sentencing hearing. The prosecution has the right to be heard but often takes a neutral stance. This varies from case to case.
Will I have a “criminal record” if special reasons are proved?
In most cases, yes. Special reasons essentially prevent the penalty for an offence but the conviction is still recorded. In some cases, it may also be appropriate to argue for somethiing called an “absolute discharge”, which prevents a conviction being recorded.
What is the standard of proof required for special reasons?
Special reasons require to be proved on a balance of probability. This is a significantly lower standard than the “beyond reasonable doubt” standard required for a conviction.
Will I need witnesses to establish special reasons?
There is no requirement for corroboration to establish special reasons. However if you can produce witnesses to support your account (for example of a medical emergency) then there is no doubt that your case is stronger.
What to do next
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