What is the difference between special reasons and exceptional hardship?

‘Special reasons’ and the ‘exceptional hardship argument’ are specific, distinct types of argument that lawyers use when defending clients accused of driving offences.

Special reasons are not a defence. To use this argument, you will either have pleaded guilty or been convicted of an offence. What special reasons can do, though, is reduce the penalty.

The special reasons should explain why you were driving unlawfully. The courts are used to hearing defendants put forward weak special reasons arguments, which is why you need expert legal support to ensure your argument is strong, valid and backed up by evidence.

Common examples of special reasons include; spiked drinks (i.e. reasonably believing you were below the legal limit); reasonably believing you were insured to drive the vehicle; driving a very short distance such moving a car to a different spot in a private car park; and driving in a genuine emergency. If the court accepts your special reasons, they may reduce the penalty.

For an offence that carries mandatory penalty points, they can choose not to impose any points at all. If the offence carries a mandatory driving disqualification, they may reduce the length of the ban or not impose it at all.

Exceptional hardship is a specific type of argument used when a driver faces a mandatory disqualification of 6 months or more after totting up 12 or more penalty points on a driving licence. The court must be persuaded that truly exceptional hardship will be suffered by the defendant and/or any dependants as a direct result of the ban. Examples of this may include severe loss of income or employment, or medical hardship for the defendant or any dependants, such as could include loss of mobility, loss of ability to take a sick family member to medical appointments. For more information on this, visit our page on totting up.

Facing prosecution for driving offences can be extremely daunting, which is why at Auriga Advocates, we provide specialist advice to help our clients navigate the complex legal process.

If you are being investigated for a driving offence, please get in touch as soon as possible so our expert solicitors can offer advice and support.