The Law does allow the Courts, in certain circumstances, not to impose the disqualification or penalty points if they find that “Special Reasons” have been successfully argued. But what is a “Special Reasons”?
The Law defines a “Special Reasons” as:
- one that is special to the facts of a particular offence
- that is directly related to the commission of the offence
- is a mitigating or extenuating circumstance, and
- a factor that ought proper to be taken in to account by the Court.
If the factor to be considered only relates to the offender and not the offence, then it can not be a “Special Reasons”, nor can a “Special Reasons” be an defence to an offence.
Factors which are “Special Reasons” vary from offence to offence and from case to case. There is no definative list of factors that amount to “Special Reasons”
Examples of “Special Reasons” are:
- Spiked Drinks
- Driving in an Emergency situation
- Shortness of Distance driven
- Being misled as to Insurance
This is a complex area of law, that requires detailed preparation and investigation along with thorough presentation to the Court. At Trident Solicitors, we can take the worry and stress out of the case. We will fully advise whether “Special Reasosn” can be advanced and undertake the preparation and presentation of the application. It is important that you contact us as soon as possible if you think you have “Special Reasons”