When facing a drink driving conviction, the law typically mandates a minimum 12-month driving disqualification. However, in certain exceptional circumstances, the court has the discretion to reduce or even avoid this ban if “special reasons” are proven. At Wellingtons Solicitors in London, our expert drink driving solicitors carefully assess whether your case qualifies for a Special Reasons Argument and provide skilled representation to present this complex defence effectively.
What Are Special Reasons?
Special Reasons are specific mitigating or extenuating circumstances connected directly to the commission of the drink driving offence. They do not amount to a legal defence but may persuade the court to exercise discretion and impose a lesser penalty than the mandatory minimum disqualification.
The legal basis for this discretion is found in Section 34 of the Road Traffic Offenders Act 1988, which states:
“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.”
Criteria for Special Reasons
For the court to accept Special Reasons, the circumstances must:
- Be a mitigating or extenuating factor related to the offence.
- Not amount to a full legal defence.
- Be directly connected to the commission of the drink driving offence.
- Be something the court should properly consider when deciding the sentence.
It is important to note that personal circumstances, such as potential job loss or financial hardship, do not qualify as Special Reasons. These may instead be considered under separate “Exceptional Hardship” procedures.
Common Special Reasons in Drink Driving Cases
Our drink driving solicitors frequently encounter the following Special Reasons arguments:
1. Short Distance Travelled
If the distance driven while over the legal alcohol limit was very short—such as moving a vehicle a few yards to a safer location—this may be considered a Special Reason. The court recognises that minimal driving reduces the risk posed to other road users and may allow for a reduced or avoided ban.
2. Spiked or Laced Drinks
In cases where a driver unknowingly consumed alcohol due to a spiked or laced drink, the court may accept this as a Special Reason. Successfully arguing this requires detailed evidence, including witness statements and sometimes expert testimony, to demonstrate lack of intent and reduced culpability.
3. Emergency Situations
Driving in a genuine emergency—such as transporting someone to hospital when emergency services are unavailable—can constitute a Special Reason. The court will consider whether all other alternatives were reasonably explored and whether a “reasonable and sober” person would have acted similarly under the circumstances.
The Complexity of Special Reasons Arguments
Special Reasons cases are often legally and factually complex. They may require:
- Gathering and presenting expert evidence.
- Cross-examining witnesses.
- Detailed legal submissions explaining why the circumstances justify a departure from the mandatory sentencing guidelines.
Our solicitors have extensive experience in preparing and arguing Special Reasons cases, ensuring your case is presented persuasively to the Magistrates’ Court.
How Wellingtons Solicitors Can Assist You
When you appoint Wellingtons Solicitors, our drink driving solicitors will:
- Conduct a thorough review of your case to identify any potential Special Reasons.
- Advise you on the strength and viability of a Special Reasons Argument.
- Collect and prepare all necessary evidence, including expert reports if required.
- Represent you at court hearings, advocating strongly for the court to exercise its discretion in your favour.
- Provide clear, jargon-free advice throughout the process, keeping you informed at every stage.
Our goal is to help you avoid or reduce the length of a driving disqualification, protecting your livelihood and future mobility.
Important Considerations
- Burden of Proof: The responsibility to prove Special Reasons lies with the defendant, and the standard is on the balance of probabilities.
- No Avoidance of Conviction: Even if Special Reasons are accepted, the conviction remains on your record, which may affect insurance and employment.
- Legal Aid Limitations: Due to the complexity and nature of Special Reasons arguments, public funding (legal aid) is rarely available. We offer competitive fixed fees and flexible payment plans to ensure access to expert legal support.
By choosing Wellingtons Solicitors, you gain a trusted legal partner with the expertise and dedication to navigate the complexities of Special Reasons Arguments and protect your driving future.