Special reasons for not disqualifying or endorsing your licence
Hannah Sampson
(Solicitor)
The UK’s 32 million qualified drivers will come into contact
with the law more than any other section of the public and yet the average
motorist doesn’t know a great deal about their legal position. Due to the
wealth of motoring offences that can be committed, motorists find it all
too easy to conflict with the police and courts system. When they do fall
foul of the rules, it is likely to be very costly, often resulting in a
loss of licence, a hefty fine and at worst a loss of liberty.
The law
provides that a period of disqualification is obligatory in certain
situations, (examples being convictions for driving with excess alcohol,
dangerous driving or in "totting up" situations where twelve
points accumulate within three years). However, “special reasons” can be argued for not
disqualifying for these offences, or for not endorsing (particularly
important if you already have nine points on your licence thereby avoiding
a "totting up" disqualification).
The law, as usual, is not straight forward! What might, to you, seem
to be a "special reason" (losing your job) is not a special
reason in law.
A special reason is one which is special to the facts which constitute
the offence, not amounting in law to a defence to the charge, yet directly
connected with the commission of the offence and one which the Court ought
properly to take into consideration when imposing punishment. The Courts
laid down minimum criteria as long ago as 1946, which must be satisfied if
"special reasons" are to be made out.
Thus, "my drink was laced out of spite and I was unaware I was
drinking alcohol; I had to exceed the speed limit to get my sick child to
hospital;" may amount to special reasons but it is vital that you have
expert assistance to argue the point.
Recently
we were approached by a client who was facing a charge of failing to
provide a specimen of breath. Given that he had refused to provide the
specimen when under arrest he was guilty of the offence. However, our
client was in dire straits. This offence attracts a mandatory minimum ban
of 12 months. As a mechanic, with his own business, driving dozens of
vehicles a day, our client’s whole future was at stake.
Some
detailed research has meant that we have been able to persuade a court that
he may have a special reasons argument relating to his state of mind at the
time he refused to provide the specimen whilst in custody. This is due for
a full hearing next month and if the court find our arguments to be made
out then this client will keep his licence and be able to continue to make
a living and provide for his young family. We will keep you posted.
On a lighter
note, did you know that the Licensing Act of 1872 explains
that operating a cow, horse or steam engine while intoxicated
carries either a prison sentence. So no riding a cow while you're
drunk.
In the UK, a man who feels compelled
to urinate in public can do so only if he aims for his rear wheel
and keeps his right hand on his vehicle.
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