Most driving offence convictions will result in penalty points or a driving ban. Often the only way to avoid penalty points or a ban is to show there are special reasons in your case.
What is a special reason has not been defined but has developed through caselaw. The burden of proving special reasons falls on the defendant.
For a matter to amount to a special reason it must meet the following four criteria:
- be a mitigating or extenuating circumstance;
- not amount in law to a defence to the charge;
- be directly connected with the commission of the offence; and
- be one which the court ought properly to take into consideration when
- imposing sentence.
Comment special reasons are:
- Spiked drinks or mistake as to item drunk;
- Shortness of distance driven (but not for drink drivers);
- Offence committed unintentionally or was misled, without negligence, into committing it.
- Medical or other emergencies.
Mitigating or exceptional hardship allows a court to consider not imposing a penalty points disqualification.
Please contact me today to discuss your case.