Convicted but no Penalty Points or Disqualification Imposed
You are convicted of a Motoring Offence and expect to have Points added to your Licence and maybe even disqualified – in certain circumstances we can avoid both outcomes!
In relation to some Offences such as
- Driving without Insurance
- Drink driving
- Going through a red light
Magistrates can be asked to find that there are “Special Reasons” for not imposing either Points or a Disqualification. You are still convicted and that will show on your Licence but the sanction imposed by the Court will be restricted to a financial one. This is a very complex area of the Law where you will benefit from having one of our specialist Solicitors prepare and argue your Case for you.
A Special Reason must
- be an extenuating circumstance which lessens the seriousness of the Offence
- not amount to a Defence
- be directly connected with the commission of the Offence
- be something which the Court ought properly to take into account when imposing punishment
A circumstance that relates to you as opposed to the commissioning of the Offence will not come within the definition of a ‘Special Reason’. So losing your job or not being able to care for a sick relative if you are banned from driving will not amount to a Special Reason.
Special Reasons might include
- driving someone to hospital in an emergency while over the alcohol limit
- driving to save someone who is in danger and speeding to get there
- driving whilst over the limit after your drinks have been “spiked” or laced
In the first and second examples outlined above, you would have to argue that you reasonably believed that there was a genuine emergency which could not be dealt with in any other way. So in the first example if someone else could have driven the person who was ill then Special Reasons are less likely to be accepted, and you could well end up being disqualified from driving.
If you believe that your drink was laced or spiked you will have to be able to show that if your drink had not been tampered with you would have been under the limit. In nearly all cases, this has to be supported by medical evidence from an expert in alcohol calculations.
Magistrates will consider the following
- was the fact that you were driving proportionate to the need to break the law
- the driving conditions
- the state of the vehicle being driven
- the length of the journey
- and, in alcohol cases, whether a sober person at the scene would have recommended driving
- was it with hindsight reasonable to do what you did