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Special Reasons | Criminal Defence Solicitors | Vat & Tax Solicitors
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"Noted for the excellence of its white-collar defence practice"

Chambers & Partners, 2014 edition

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"Outstanding financial crime defence practice"

Chambers & Partners, 2014 edition

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"It’s a deluxe firm which pulls out all the stops for its clients"

Chambers & Partners, 2014 edition

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"They are the market leaders for serious crime’"

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"Kangs has an excellent reputation. They care about their clients and go the extra mile for them"

Chambers & Partners, 2014 edition

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"Kangs Solicitors is a standout firm"

Legal 500, 2014 edition

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"Kangs Solicitors is in the highest tier of firms"

Legal 500, 2014 edition

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"Hamraj Kang is noted for his very sharp legal brain"

Legal 500, 2014 edition

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"Kangs Solicitors fields a team of ‘technically able solicitors’
and is well regarded for its serious crime and fraud work"

Legal 500, 2014 edition

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"Hamraj Kang is a shrewd tactician and very experienced"

Legal 500, 2013 edition

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"What the team is known for - handles an extensive array of criminal matters
including murder, drugs and white-collar crime"

Chambers & Partners 2013 edition

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"Adept at dealing with cases that have an international dimension"

Chambers & Partners 2013 edition

Special Reasons

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.

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:

If you think you have Special Reasons connected to a motoring offence then please contact our expert lawyers:

Sukhdip Randhawa
srandhawa@kangssolicitors.co.uk
0121 449 9888 | 020 7936 639607989 521 210 (24hr Emergency Number)

 

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