SPECIAL REASONS FOR SAVING YOUR DRIVING LICENCE
Many motoring offences carry a MANDATORY BAN as a penalty. This means that even if your life depends on your ability to drive, no pleading with the court to be lenient with you will do any good at all.
Unlike “Exceptional Hardship” which is an argument to persuade the Magistrates to impose a lesser penalty where someone is at risk of a “totting up” ban, “Special Reasons” have nothing to do with your personal circumstances.
Special Reasons, if accepted, could enable the court to impose a punishment of penalty points in place of a mandatory period of disqualification or to impose no penalty points at all in cases where the punishment would normally attract points. So you would still be found guilty of an offence but there would be a special reason found as to why you should not receive the usual penalty for that offence.
Special Reasons can apply to any offence but must meet the following criteria:
- The reason must be mitigating or extenuating circumstance;
- It must not amount to a defence;
- It must be directly connected to the commission of the offence, and
- The reason must be one that the court ought properly take into account when imposing punishment.
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Please note we only deal with motoring cases in England and Wales and are unable to assist with cases in Scotland or Northern Ireland.
The most common examples of special reasons are:
Spiked Drinks
Where you were over the limit in a drink driving case but where we can argue that your drinks had been spiked AND you were unaware of their true alcohol consumption (This is a difficult special reason to run and many people who have read up on the internet suggest this is something that has happened as a way out of the mess they are in. Our advice is don’t bother… there are countless lawful defences to most charges that are far more likely to secure your acquittal altogether.)
Mouth Alcohol
Modern lifestyles and diets have seen many people increasingly suffering from acid reflux or oesophageal reflux (regurgitating from the stomach). When alcohol is consumed this can result in alcohol being brought up from the stomach and into the mouth. Even if the evidential machine is seen to be working correctly it can be the case that the presence of this alcohol in the mouth (usually caused by this acid reflux) can be enough to take the alcohol reading over the prescribed limit.
It may not be widely known that for a person to be charged with driving with excess alcohol then two specimens of breath need to be provided on an evidential device. Both specimens need to be considered by the Court when considering a special reasons argument relating to mouth alcohol.
- The amount of alcohol consumed would be insufficient to produce a specimen of breath exceeding the legal limit;
- On each occasion a specimen of breath was given mouth alcohol was present as a result of acid reflux; and
- The addition of the regurgitated alcohol led to the readings exceeding the prescribed limit.
Shortness of Distance
They drove a very short distance whilst exceeding the prescribed limit of alcohol. The distance will be one of a number of factors considered by the court. The court will also want to know:
- How far was the vehicle driven;
- In what manner was the vehicle driven;
- What was the state of the vehicle;
- Was it the intention of the driver to drive any further;
- What were the road, traffic and weather conditions;
- Was there a possibility of contact with other road users; and
- What was the reason for driving?
Distances of less than a mile will probably qualify but much depends on all of the circumstances of your case.
Emergency situations
Again, be warned though as if you had an opportunity to call emergency services instead of getting behind the wheel and driving over the speed limit or whilst over the drink driving limit, your special reason will have less chance of success.
Being misled in an insurance case
This is usually applicable to parents and children or to an employer and employee and in some case this could amount to a defence rather than a special reason.
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Not Sure What to Do About Saving Your Driving Licence?
Most people who get in touch with our team of motor offence expert solicitors are uncertain of their options. They are unaware of any legal defences that may be available and find it difficult to believe that it might be possible to defend the drink driving offence charge they face by using loopholes that apply to the rich and famous! We do represent celebrities but we also represent many hardworking motorists like Brian and we want to help you make the right choice about what you do next.
We are always more than happy to chat things through with potential clients Free of Charge. Call us now on Freephone 0800 1389 123 to speak to one of our specialist motoring offence solicitors. It is only once you decide to instruct us that payment will become necessary and we can often arrange installment plans to assist you. Many satisfied clients have thanked us for offering this free consultation service as it has prevented them from following inaccurate non-expert advice which could have led to them accepting a driving ban unnecessarily.
If you would like to spend more time browsing on the site before you get in touch, make sure you have a look at our specialist motor offence guidance features such as our drink driving ban calculator which will help you to determine the penalty you may face if convicted and our money saving calculator which helps to outline some of the hidden costs of accepting a conviction.
We think we are simply the best in the business but if you are not satisfied in taking our word for it, our unique “ask our clients” testimonials scheme allows you to contact previous clients of the firm to seek a completely independent reference about us and what we might be able to do for you.
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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.
You can also book an appointment with Jeanette Miller a.k.a. Miss Justice using our online booking system. If Jeanette is unavailable for your preferred date and time you can book an appointment with a member of our legal team. Please have as much information about your enquiry before the call e.g. Date of Hearing, Paperwork etc.
CALCULATOR TOOLS
Use our calculator tools to find out what motoring offence penalties or financial costs you could be facing if convicted. Our penalty calculators provide quick and accurate estimates based on your specific circumstances, including potential fines, penalty points and potential driving bans. Whether you’re dealing with a speeding offence, drink driving charge, or totting up, our tools give you a clearer picture of the possible outcomes.
PRICING STRUCTURE
We have developed a number of pricing structures to suit clients on most income levels. To some clients minimising the level of their legal costs is as important as achieving your objective with an acquittal or damage limitation on penalty. Our goal is to provide clarity on costs upfront, so you know exactly what to expect.
Do You Want To Feel Like Brian?
Take a look at this live footage taken from ITV’s documentary “Driving Me Crazy” showing our client, Brian Wiltshire walking out of Preston Crown Court after securing a victory in appeal against a speeding conviction. This could be you…
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Still not sure if you should instruct us to help you?
Try our Interactive Testimonial Scheme – “Ref Me” is a voluntary scheme we ask satisfied clients to participate in. Where you see the “Ask Our Clients” form, you can send an email to a previous client of the firm and ask them any question(s) you like about us.
