How To Make A Special Reasons Argument

If you have been unfortunate enough to be accused of committing a motoring offence , then you will need to prepare yourself quickly in order to put forward a plausible defence. There are many aspects of the law that are open to interpretation and the prosecutor needs to correctly complete every stage of the accusation process or you could have grounds to contest the allegation.

If you believe that the particular circumstances under which you committed the driving offence should exempt you from some or all of the punishment, then you can make a Special Reasons argument. These are most commonly used to avoid bans in drink driving cases, however they are sometimes used to avoid penalty points for other offences as well or driving through a red light.

When arguing a Special Reason, you are required to give evidence (under oath of course) that in the given circumstances it wouldn’t be fair to administer the penalty points. The most common case for people to argue Special Reasons is that it was an emergency, i.e. they were taking a badly injured passenger to A & E or were taking a woman who is having a baby to hospital and went a bit above the speed limit or ran a red light.

If the Magistrates find that there were Special Reasons in relation to your case, then they will not put any points on your licence. There is no set list as to what amounts to a Special Reason but, in order to fulfil the criteria, the Special Reasons you put forward must be: -

1. A mitigating or extenuating circumstance

2. It must not constitute a legal defence to the allegation

3. It must be directly connected to the offence in question

4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.

You will find information about the Special Reasons argument and its guidelines in section 34 of the Road Traffic Offenders Act of 1988.

For more information about driving without due care and attention and for legal motoring advice, visit pattersonlaw.co.uk

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