Special Reasons Arguments
Although many road traffic offences are strict liability and therefore have no defence, there are methods which can be employed to avoid incurring points or losing a licence. The two key concepts to grasp are ‘special reasons’ and ‘exceptional hardship’.
When raising the argument of special reasons, a guilty plea to the offence will be entered. It is important to note that a ‘special reasons’ argument follows a guilty plea and is not a defence. A separate date will normally be fixed for the hearing of the argument which takes the form of a ‘mini trial’.
Special reasons must have the following elements:
- Be a mitigating or extenuating circumstance;
- Not amount in law to a defence to the charge;
- Be directly connected with the commission of the offence;
- Be a circumstance which the court ought
Examples include driving a short distance only and where the defendant is unlikely to come into contact with other road users or present a danger to them, real emergency, being misled in insurance cases. The onus is on a driver to ensure that he is covered but an honest belief might amount to special reasons. The unintentional commission of the offence, including the ‘spiked drink.’
Contact Us immediately if u wish to plead this mitigation. It is highly important that you are represented by our specialist advocates who are experts in this matter.