SPECIAL REASONS
We can provide you with a lawyer for legal representation on special resons relating to driving offences. If you face legal proceedings in a Magistrates Court with special reasons affecting your case and want one of our specialist solicitors to act as your lawyer then please get in touch.
We can provide you with a lawyer who is a specialist in driving offences with special reasons and can give you advice and assistance and representation at any court, often at short notice.
Our specialist lawyer will make contact with you and provide a first class service to you. We will take your full instructions and if you wish provide you with advice only or representation in court if you so wish.
Special reasons are circumstances peculiar to a particular case that may allow the Court to use some discretion in the sentencing process. This may mean that a driver can avoid having his licence endorsed with penalty points and that he may even escape a driving disqualification.
In considering whether the circumstances amount to a special reason, the Court must consider the following criteria
1. Is it a mitigating or extenuating circumstance
2. It must not amount in law to a defence to the charge
3. It must be connected to the commission of the offence
4. It should be something that the Court ought to take into consideration
If all of these apply then the Court may use its discretion and choose not either disqualify or endorse the driving licence with penalty points. However, it should be noted that the Court can find that the criteria is met but still nevertheless feel it is appropriate to endorse or disqualify. It is therefore a two stage test of whether the criteria is met and then whether thereafter the Court in question feels that it is appropriate to use its discretion.
Examples of what commonly may be put forward as special reasons are outlined below. This is by no means an exhaustive list and if you feel that this area may apply to your own case then please contact us.
No insurance where a driver honestly and reasonably believed he was insured and was misled as to this belief.
All types of offences where people drive a short distance in certain circumstances.
All types of offences where people drive in an emergency.
Drink driving cases which involve 'laced drinks'
We have successfully argued cases outlined above on a number of occasions. It is important to note that these types of cases will almost always involve the calling of evidence from the defendant and witnesses and may even involve expert or medical evidence. The Court and the prosecution will require notice before any such hearing can take place. It is not possible to just turn up unannounced and put forward special reasons in your defence.
For the best possible legal advice and representation please contact us. We will ensure that your case is represented in the best possible way thus assuring you the most favourable outcome. Call us now to speak to one of our specialist lawyers.
Click here for special reasons relating to driving offences frequently asked questions and answers