How To Make A Special Reasons Argument
If you have been caught committing a motoring offence then you will need to act fast in order to be prepared. There are many areas of the law that are open to interpretation, everything needs to be completed correctly by the prosecuting officer otherwise you may well have grounds to contest the case.
A Special Reasons argument can be used to try to persuade the Magistrates, after giving evidence on oath, that it would not be appropriate in the circumstances to impose the penalty points. Special Reasons arguments are normally used in relation to avoiding bans in drink driving cases but, they can be used to avoid penalty points in relation to any of the endorsable offences.
When arguing a Special Reason, you are required to give evidence (under oath of course) that in the given circumstances it wouldn’t be fair to administer the penalty points. The most common case for people to argue Special Reasons is that it was an emergency, i.e. they were taking a badly injured passenger to A & E or were taking a woman who is having a baby to hospital and went a bit above the speed limit or ran a red light.
If your case is found to have a Special Reason, then you will not be given any penalty points. There are however no strict guidelines as to what constitutes a Special Reason, but it must fall under one of the following:
1. A mitigating or extenuating circumstance
2. It must not amount in law to a defence to the allegation
3. It must be directly connected to the commission of the offence
4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.
The opportunity to argue Special Reasons is contained within Section 34 of the Road Traffic Offenders Act 1988.
For more information about driving without due care and attention and for free legal motoring advice, visit pattersonlaw.co.uk
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