Expert Legal Representation from Olliers Solicitors
At Olliers Solicitors, we understand that not all motoring offences are black and white. In certain circumstances a driver may have committed an offence but may still avoid disqualification or penalty points if “special reasons” can be successfully argued in court.
Our specialist motoring law team, based in Manchester and London, has extensive experience in preparing and presenting Special Reasons Hearings. We offer strategic, tailored advice to help you protect your licence and your livelihood.
At Olliers Solicitors, we understand that the circumstances that lead to a criminal conviction are not always black and white. In certain circumstances, a driver may have committed an offence, but may still avoid disqualification or penalty points. If special reasons can be successfully argued in court, it is important to understand that special reasons are not the same as a defence. They don’t mean you are found not guilty. Instead, they allow the court to depart from their guidelines to reduce or in some cases avoid a penalty altogether. There are four criteria which must be met for something to qualify as a special reason. Firstly, it must be a mitigating or extenduating circumstance. Secondly, it must not amount in law to a defense of the charge. Thirdly, it must be directly connected with the commission of the offence. And finally, the matter is one which the court ought properly to take into account when imposing punishment. When advancing a special reason, the burden of proof rests on you as a defendant to satisfy the court on the balance of probabilities. Evidence must establish the special reason. It is not sufficient enough to simply assert that the special reason existed at the time. Some common special reason arguments we deal with at Olliers include spited drinks, which is when a person is unknowingly over the drink drive limit due to their drink being spiked. Shortness of distance driven, which is applicable when you only drove your vehicle a very short distance. There are extenduating circumstances. Genuine emergency. This could include rushing someone to a hospital or responding to a life-threatening situation. Being misled regarding being insured. This most often occurs when a parent pays for insurance on behalf of their child and assures them they are safe to drive. Every case is different and there is no shortage of what could amount to a special reason as long as it meets the relevance criteria. If you believe special reasons may apply in your case, it is imperative that you seek expert legal representation. At Olliers, we have an extensive experience in motoring law and advancing special reasons at court and can easily guide you through the process towards a successful outcome.
What Are Special Reasons?
A Special Reason is a mitigating circumstance directly related to the offence, not the offender, which justifies a reduced or waived penalty. These are not defences to the charge, but rather arguments that can influence sentencing.
Courts consider them on a case-by-case basis but here are some common scenarios we see at Olliers.
There are four conditions which must be met for something to amount to a special reason:
- It must be a mitigating or extenuating circumstance
- It must not amount in law to a defence to the charge
- It must be directly connected with the commission of the offence
- The matter is one which the court ought properly to take into account when imposing punishment
Medical Emergency
You were driving due to a genuine medical emergency such as rushing someone to hospital or responding to a life-threatening situation.
The urgency must be real and provable.
Spiked Drinks
You were unknowingly over the limit due to your drink being spiked. This is a common special reason in drink driving cases but it requires:
- Medical or forensic evidence
- Witness testimony
- Proof you had no reason to suspect the drink was tampered with
- Evidence that if not for the laced drink, you would not have been over the legal limit.
Short Distance Driven
You drove only a very short distance, such as moving a vehicle a few metres to safety or out of the way of obstruction.
The courts will consider the following criteria:
- The distance the vehicle was driven
- The manner the vehicle was driver
- The state the vehicle was driven in
- Road and traffic conditions at the time
- Any risk to the public
- Whether you intended to drive further
- What the reason for driving the car was. The court are unlikely to find special reasons if you were drunk and had no extenuating circumstance as to why you were driving the vehicle.
Misunderstanding or Honest Mistake
You misunderstood a legal requirement – such as believing your insurance was valid due to misleading information from a third party. This must be more than simple negligence.
Medical Conditions Affecting Breath Tests
In rare cases, a medical condition (e.g. reflux) may affect the reliability of a breathalyser result. This could support a special reasons argument if supported by expert evidence.
Duress or Threat
You were compelled to drive due to threats or coercion. This is distinct from a legal defence of duress but may still be considered a special reason if the threat was credible and immediate.
What the Court Considers
To qualify as a special reason, the circumstance must:
- Be mitigating or extenuating
- Not amount to a legal defence
- Be directly connected to the offence
- Be something the court ought to consider when sentencing
Failing to Provide a Specimen Cases
The court has previously found that whilst it cannot amount to a defence, the police providing inaccurate information (such as that the offence did not carry a disqualification) could amount to a special reason.
As driving is not a criminal element of the offence in relation to failing to provide a specimen for analysis, it is not something which has to be proven to secure a conviction, however, if someone has failed to provide in circumstances where they were not driving/had no intention to drive, depending on the circumstances, this could amount to a special reason not to endorse/disqualify.
Why Choose Olliers Solicitors?
- Decades of experience in motoring law
- Privately funded representation in Magistrates’ and Crown Courts
- Proven track record in drink driving and related offences
- Clear, jargon-free advice from the outset
- Discreet and proactive approach to case preparation
We pride ourselves on our client-first ethos and our ability to deliver results in even the most complex cases.
How We Can Help
If you believe your case may involve special reasons, it’s crucial to seek legal advice as early as possible.
Our team will:
- Assess the viability of a special reasons argument
- Gather supporting evidence and expert testimony
- Represent you robustly in court
Contact Our Motoring Law Specialists
Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).
What Are Special Reasons?
A Special Reason is a mitigating circumstance directly related to the offence, not the offender, which justifies a reduced or waived penalty. These are not defences to the charge, but rather arguments that can influence sentencing.
Courts consider them on a case-by-case basis but here are some common scenarios we see at Olliers.
There are four conditions which must be met for something to amount to a special reason:
- It must be a mitigating or extenuating circumstance
- It must not amount in law to a defence to the charge
- It must be directly connected with the commission of the offence
- The matter is one which the court ought properly to take into account when imposing punishment
Medical Emergency
You were driving due to a genuine medical emergency such as rushing someone to hospital or responding to a life-threatening situation.
The urgency must be real and provable.
Spiked Drinks
You were unknowingly over the limit due to your drink being spiked. This is a common special reason in drink driving cases but it requires:
- Medical or forensic evidence
- Witness testimony
- Proof you had no reason to suspect the drink was tampered with
- Evidence that if not for the laced drink, you would not have been over the legal limit.
Short Distance Driven
You drove only a very short distance, such as moving a vehicle a few metres to safety or out of the way of obstruction.
The courts will consider the following criteria:
- The distance the vehicle was driven
- The manner the vehicle was driver
- The state the vehicle was driven in
- Road and traffic conditions at the time
- Any risk to the public
- Whether you intended to drive further
- What the reason for driving the car was. The court are unlikely to find special reasons if you were drunk and had no extenuating circumstance as to why you were driving the vehicle.
Misunderstanding or Honest Mistake
You misunderstood a legal requirement – such as believing your insurance was valid due to misleading information from a third party. This must be more than simple negligence.
Medical Conditions Affecting Breath Tests
In rare cases, a medical condition (e.g. reflux) may affect the reliability of a breathalyser result. This could support a special reasons argument if supported by expert evidence.
Duress or Threat
You were compelled to drive due to threats or coercion. This is distinct from a legal defence of duress but may still be considered a special reason if the threat was credible and immediate.
What the Court Considers
To qualify as a special reason, the circumstance must:
- Be mitigating or extenuating
- Not amount to a legal defence
- Be directly connected to the offence
- Be something the court ought to consider when sentencing
Failing to Provide a Specimen Cases
The court has previously found that whilst it cannot amount to a defence, the police providing inaccurate information (such as that the offence did not carry a disqualification) could amount to a special reason.
As driving is not a criminal element of the offence in relation to failing to provide a specimen for analysis, it is not something which has to be proven to secure a conviction, however, if someone has failed to provide in circumstances where they were not driving/had no intention to drive, depending on the circumstances, this could amount to a special reason not to endorse/disqualify.
Why Choose Olliers Solicitors?
- Decades of experience in motoring law
- Privately funded representation in Magistrates’ and Crown Courts
- Proven track record in drink driving and related offences
- Clear, jargon-free advice from the outset
- Discreet and proactive approach to case preparation
We pride ourselves on our client-first ethos and our ability to deliver results in even the most complex cases.
How We Can Help
If you believe your case may involve special reasons, it’s crucial to seek legal advice as early as possible.
Our team will:
- Assess the viability of a special reasons argument
- Gather supporting evidence and expert testimony
- Represent you robustly in court
Contact Our Motoring Law Specialists
Contact our specialist motoring team by completing the form below, emailing info@olliers.com or telephoning 0161 8341515 (Manchester) or 02038836790 (London).
Complete the form below and we will contact you
Manchester
Head Office
- 0161 8341515
- info@olliers.com
- Fourth Floor, 44 Peter Street, Manchester, M2 5GP
