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Special reasons

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.

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