Special Reasons

A conviction for most road traffic offences can result in either penalty points, an endorsement on your licence or disqualification from driving. Motorists are convicted when they either plead guilty to a summons or charge or are found guilty after a trial. 

If convicted circumstances may exist, where it could be possible to avoid the endorsement of penalty points or a disqualification; the court can do one or the other, not both. This may be possible where a driver can show that ‘Special Reasons’ exist. 

A Special Reason is one which is special to the facts of a particular offence. To constitute a Special Reason, a matter must:

● 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 (circumstances peculiar to the offender, as distinguished from the offence, cannot constitute Special Reasons); 

● Be one which the court ought properly to take into consideration when imposing sentence.

Section 34(1) RTOA:

Where a person is convicted of an offence involving obligatory disqualification the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for Special Reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified.

A Special Reasons argument follows a two-stage process: First, the court has to determine whether there are Special Reasons and, second; if there are Special Reasons, the court has a discretion whether or not to endorse or disqualify, or to disqualify for a shorter period. Normally, if Special Reasons are found, the court exercises its discretion in full.

The onus of establishing Special Reasons lies on the defence, and the standard is that of the balance of probabilities.

Special Reasons not to endorse or disqualify have been found to exist under the following types of circumstances: 

Drink Driving offences

Spiked or laced drinks - Where your drinks had been spiked or laced and you were unaware of your true alcohol consumption.

Shortness of distance driven - The distance you drove, whilst you were over the limit, was only a very short distance. 

Emergency - If you have driven your vehicle as a result of an emergency, such as a friend or relative required immediate medical attention. 

No Insurance

No Insurance is strict liability, or absolute offence, which means that if a motorist does not have insurance, he commits an offence even if he does not know it and believes he is insured. However, Special Reasons could still be found, where you have genuinely been misled into believing you were insured to drive a vehicle. For example, this could be when a parent takes out a policy of insurance on behalf of their child and forgets to renew the policy. However, in the absence of being misled, this would not amount to a ‘Special Reason’.

Driving whilst disqualified

Driving whilst disqualified is also a strict liability, absolute offence. Lack of knowledge is no defence, but it might be a Special Reason. For example, you may have been disqualified by a court in your absence and you were completely unaware of the hearing and subsequent disqualification.

If Special Reasons exist and are established in court, a convicted motorist might completely avoid a disqualification or the endorsement of penalty points.