Skip to content

Free initial consultation Response within 24 hours

Home / Special Reasons

Special Reasons

Special reasons.
Guilty of the offence, but not the ban.

A special reasons argument allows the court to step back from mandatory disqualification even where guilt is not in dispute. Properly argued, it can keep your licence.

At a glance

s.34 RTOA 1988
No ban if acceptedDisqualification avoided entirely
No points if acceptedEndorsement can also be avoided
Conviction still standsThe offence itself is not undone

The headline reference for this service is s.34 RTOA 1988. After reviewing the facts and the procedural history of your case, I will identify the legislation and caselaw that apply to your case.

Recognised special reasons

Clarity first.
Then light at the end of the tunnel

A special reason must relate to the offence rather than to the offender, and it must be established by evidence.

Laced drinks
Where your drink was tampered with and you would not otherwise have been over the limit. Expert evidence is usually essential.
Emergency
Where driving was a genuine response to an emergency and there was no reasonable alternative available to you.
Shortness of distance driven
A very short distance, in circumstances where little or no danger arose to other road users.
Misled about insurance
In no insurance cases, a genuine and reasonable belief that valid cover was in place, induced by someone else.
Being unaware of the substance
Where a prescribed or supplied drug was taken without knowledge of its effect on driving.

Sentencing and possible outcomes

The court has the power to dispose of cases in multiple ways. The following are a breakdown of most disposal options and what they mean.

Headline consequences for Special Reasons
Potential outcomeWhat this means
No ban if acceptedDisqualification avoided entirely
No points if acceptedEndorsement can also be avoided
Conviction still standsThe offence itself is not undone

What to share with me

  • Any notice, letter or charge paperwork you have received
  • The dates and location of any hearing or interview
  • Your account of what happened and any supporting documents
  • Photographs, messages, receipts, witness details or other material that may support your account
  • Details of your driving record and how a conviction or disqualification would affect other people
  • Your main concerns and the questions you want answered

Personal representation

When you instruct me, you deal directly with me. I will ensure that you clearly understand the proposed work and what it will cost.

Explore all areas of practice

Your next step

Free initial consultation

Your questions matter.
Let’s talk them through.

You don’t need all the answers.
Just start with what’s happened.

Book a free consultation contact@johnviolaris.com ↗
John Violaris · Criminal Defence SolicitorEngland & Wales