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 1988The legal framework
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.
| Potential outcome | What this means |
|---|---|
| No ban if accepted | Disqualification avoided entirely |
| No points if accepted | Endorsement can also be avoided |
| Conviction still stands | The 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.
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