"Kangs ensure the work it does is to the high standards"

Legal 500

Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'

Special Reasons - Defence Solicitors

The Law

Section 34(1) of the Road Traffic Offenders Act 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.”

A Special Reason is one which is special to the facts of a particular offence.

It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can be properly taken into account by the sentencing court.

It is not a defence and does not apply to specifics regarding the offender.

If a defendant can prove that he or she had an unusual circumstance leading to the offence being committed, the Court could be persuaded not to disqualify that person from driving.

Special Reasons can be applied to a number of offences:

  • Insurance offences
  • Alcohol related driving offences;
  • Speeding offences

Examples of Special Reasons include:

  • driving in emergencies or
  • inadvertent consumption of drink or drugs.

Latest News

Driving Whilst Disqualified | Kangs Motor Offences Defence Solicitors

Under Section 103 of the Road Traffic Act 1988 (‘the Act’) it is an offence to drive a motor vehicle on a road whilst disqualified from holding or obtaining a licence.    An offence of this nature is dealt with in the Magistrates’ Court and considered a very...

VAT Assessment Solicitors | Kittel Principle in HMRC Cases

Many businesses will receive a Notice of VAT Assessment and Penalty Notice from HMRC during the course of their existence. One such Notice of VAT Assessment from HMRC is based on the Kittel Principle. If you receive a Kittel Notice from HMRC it is important to act...

Confiscation Orders | Inadequacy Of Assets | Kangs POCA Solicitors

In view of the current turbulent and uncertain worldwide financial situation encompassing depressed property and stock markets and a potential decline in the value of assets generally, both  now and in the foreseeable future, it is clear that those subject to the...

Company Investigations | Kangs Insolvency Service Solicitors

The powers of the Company Investigations arm of the Insolvency Service derive from the Secretary of State for the Department of Business, Energy and Industrial Strategy under the Companies Act 1985 (‘the Act’). Kangs Solicitors has expert teams of insolvency lawyers...

The court will consider a range of questions such as:

  • The reason for driving;
  • The distance driven;
  • The manner of driving;
  • The condition of the vehicle driven;
  • Whether or not it was the driver’s intention to drive any further;
  • The road and traffic conditions at the relevant time; and
  • The possibility of danger to other road users.

The defendant bears the burden of proving Special Reasons on the balance of probabilities.

There must be a genuine exceptional situation which cannot be solved by any other means.

For example, if someone else could have driven legally in the circumstances then the Special Reasons defence is likely to fail.

It is usual that the defendant will have to give evidence under oath which may lead to cross-examination by the Court and the prosecution.

How We Can Help with Special Reasons Applications

Kangs Solicitors can advise you whether there are any Special Reasons arguments to submit to the Court.

If we advise that Special Reasons should be submitted we can prepare you for giving evidence and represent you expertly during the hearing making submissions to the Court as necessary.

Contact

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 07989 521210 (24 hr Emergency Number)

Birmingham

2 Wake Green Road, Moseley
Birmingham, B13 9EZ

0121 449 9888

London

9 Carmelite Street,
London, EC4Y 0DR

020 7936 6396

Manchester

76 King Street
Manchester, M2 4NH

0161 817 5020