Special Reasons To Protect Your Licence
Special Reasons for not Disqualifying or Endorsing your Licence
Many of our clients when they first call us are unsure of their options and are extremely anxious about the outcome
Most motoring offences carry a mandatory endorsement of points or a mandatory disqualification. Even if your livelihood depends on your licence you cannot plead mitigation to avoid these because the court has no option but to impose the points or the disqualification. If this applies to you, you will be really worried and anxious about losing your licence, perhaps your job and
Don’t worry there is a way of avoiding a disqualification and we can help you.
Speak to one our specialist solicitors to find out if you can avoid yours.
If you have points and are likely to fall within the totting up procedure avoiding the endorsement of points can save your licence. If you do have points imposed you may have grounds to plead EXCEPTIONAL HARDSHIP, which is based on your personal circumstances.
Special reason arguments are not based on personal circumstances or exceptional hardship but on the facts of the case. The rules involved are complicated and to establish whether you would have a valid reason you should seek expert legal advice which we can provide.
Special reasons, if found, enable
When can I use a special reasons argument?
Special reasons can be used for any offence but there is a strict
- The reason must be mitigating or extenuating circumstance;
- It must not amount to a defence;
- It must be directly connected to the commission of the offence, and
- The reason must be one that the court ought
properlytake into account when imposing punishment.
What will amount to Shortness of Distance
This is a common argument which is difficult to establish as the court has to consider the following :
- distance driven
- the manner in which it was driven
- the state of the vehicle
- whether the driver intended to go further
- the road and traffic conditions prevailing
- whether there was a possibility of danger by coming into contact with other road users and pedestrians
- what reason was the reason for the car being
Therefore, the fact that you may have only driven a few metres will not necessarily suffice if you were on a busy road or car park, or the only reason you drove a short distance was that you were stopped by the police but had you not been stopped you would have driven further. Whether this argument applies to your case very much depends on the circumstances.
What do I need to prove the Laced drinks argument?
This is the most common argument relating to
There are strict guidelines that the court must follow:
- the defendant must be able to prove that his/her drinks were laced;
- he/she did not know or suspect that his drink was “laced”; and
- if his/her drink had not been laced the alcohol level in his/her blood would not have exceeded the prescribed limit.
It is a difficult reason to prove and has very limited success. It often involves expert evidence. The law in this area is complicated and you need to seek legal advice before taking on this argument.
I have reflux, will that be a special reason?
Modern lifestyles and diets have seen many people increasingly suffering from acid reflux or oesophageal reflux (regurgitation from the stomach). When alcohol is consumed this can result in alcohol being brought up from the stomach and into the mouth. Even if the evidential machine is seen to be working correctly it can be the case that the presence of this alcohol in the mouth (usually caused by this acid reflux) can be enough to take the alcohol reading over the prescribed limit.
It may not be widely known that for a person to be charged with driving with excess alcohol
In order to be successful with this argument and give the Court an option to use its discretion not to disqualify then the following must be satisfied:
- The amount of alcohol consumed would be insufficient to produce a specimen of breath exceeding the legal limit;
- On each occasion a specimen of breath was given mouth alcohol was present as a result of acid reflux; and
- The addition of the regurgitated alcohol led to the readings exceeding the prescribed limit.
What will amount to an Emergency
It may be preferable to argue the defence of necessity/duress of circumstance which would provide a complete defence rather than the special reasons argument of emergency, but the choice is not a simple one to make and very much depends on the circumstances surrounding your case.
It is always difficult to justify committing an offence in these circumstances and you should always seek legal advice.
I genuinely believed I had Insurance, is that a special reason?
If you are an employee then you would have a defence to driving without insurance if it was reasonable for you to assume your employer would have made insurance provisions.
However, if you are genuinely misled about insurance it may amount to special reasons, but forgetting to renew your insurance or failing to pay the premiums or taking a friends word for it without further investigation will not. So if you are asked to drive a car belonging to someone else you should always check your insurance covers you or their insurance covers you ask for sight of the documentation.
What are my options?
It is difficult to know what to do when charged with a motoring offence and often you may feel that you have some valid arguments to raise but do not know if they would amount to special reasons or a defence. We can help and advise you on the best way forward depending on your circumstances at a price you can afford.
One of our legal team will be more than happy to
We will not charge you a penny until you instruct us to act for you and offer an instalment payment plan to make it easier for you financially.
We are confident that we can offer you the best advice and support but you do not have to take our word for it see what our clients think of us
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were fantastic. From the first telephone conversation where I enquired about the services and cost involved everything was totally clear. Both Andrea and Lloyd who I dealt with were professional but warm, reassuring and were always available to answer any concerns or questions I had. Right up until the day I entered court they were there for me. My barrister who represented me in court, Lisa, was again also fantastic.
Right down to value for money (and I did look around) I really cannot fault the service I got from Auriga Advocates.
Auriga Advocates Ltd is a limited company,
registered office Electra House, Electra Way, Crewe, CW1 6GL, telephone number 01270 509496
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