Arguments of Special Reasons - An argument not to endorse a licence with Penalty Points
Where a person pleads or is found guilty of a Road Traffic Offence their licence will usually be endorsed with penalty points. There are some circumstances however in which an argument of ‘Special Reasons’ not to endorse can be made before the court.
What are Special Reasons?
‘Special Reasons’ relate to the particular circumstances of the offence (not the offender) – for example not realising that your drink had been spiked, not realising you were not insured or driving in an emergency.
The Road Traffic Offenders Act 1988, s.34 (1) outlines what a special reason is – A Special Reason must relate to the offence; circumstances peculiar to the offender cannot constitute special reasons.
A special reason must:-
be a mitigating or extenuating circumstance;
not amount in law to a defence to the charge;
be directly connected with the commission of the offence;
be one which the court ought properly to take into consideration when imposing sentence.
If a court accepts that there are Special Reasons applicable to your case, whilst you would still be Guilty of the offence, your licence will not be endorsed with penalty points for that offence or the magistrates may decide to endorse your licence with fewer points than they would have if Special Reasons did not exist. This is particularly helpful if you already have penalty points and are at risk of totting up points to lead to a disqualification.
What if Special Reasons don’t apply to my case?
If the court decides that Special Reasons do not apply to your case you may have particular circumstances connected to you which may encourage the court to treat you more leniently in any event. This is referred to as personal mitigation.
Lucinda Dore Legal Services has particular experience assisting clients with arguments of Special Reasons and making arguments of leniency based on a client’s personal mitigation. We will always assess every case on their own particular merits and endeavour to achieve the best possible for you.
Contact LD LEGAL for advice about your case – we will be able to advise you whether you might have a potential case for Special Reasons to apply.