Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
Special Reasons - Defence Solicitors
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.
In his recent article ‘Dealing With Mental Health Disorders’ posted to this site on 14th May 2019 Nazaqat Maqsoom of Kangs Solicitors commented on various matters concerning such cases. He now outlines the Orders available to the courts under The Mental Health Act...
Kangs Solicitors has been instructed to represent a Company Director in the defence of proceedings at Reading Crown Court pursuant to the Proceeds of Crime Act 2002 (POCA). The Circumstances | Kangs POCA Defence Team Confiscation proceedings under POCA are being...
Tax Fraud and Money Laundering Trial Commences | Nottingham Crown Court | Kangs Financial Crime Defence Team
As previously reported in an article posted to this website Kangs Solicitors is defending a client charged with conspiracy to commit Tax Fraud and Money Laundering. The trial has now commenced at Nottingham Crown Court. The prosecution is being conducted by the...
On 12th April 2019, The Counter-Terrorism and Border Security Act (‘the Act’) came into force in the wake of ongoing national security concerns. John Veale of Kangs Solicitors outlines some of this new legislation. The Act | Kangs Solicitors Serious Crime Legislation...
Clients suffering from any one or more of a variety of mental health disorders require specialised attention. Nazaqat Maqsoom of Kangs Solicitors briefly outlines the nature of some mental disorders and the manner in which Courts deal with those accused of any crime...
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.
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street, City of London
London, EC4Y 0DR
020 7936 6396
Pall Mall Court 61-67 King Street
Manchester, M2 4PD