Special Reasons: Understanding How They Work in Driving Offences
What Are Special Reasons?
“Special reasons” are circumstances directly related to a driving offence that may not serve as a full defence but can reduce or eliminate the penalties. These reasons must be exceptional, justified, and supported by evidence. Courts consider special reasons under Section 34(1) of the Road Traffic Offenders Act 1988.
A 'special reason' was defined in Whittal v Kirby [1947] KB 194 as being special to the facts of the offence and not the offender. In doing so the Divisional Court adopted the definition in Crossan [1939] NI 106 (at pp. 112–13): A 'special reason' within the exception is one which is special to the facts of the particular case, that is, special to the facts which constitute the offence. It is, in other words, a mitigating or extenuating circumstance, 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. A circumstance peculiar to the offender as distinguished from the offence is not a 'special reason' within the exception.
The onus of establishing that there are 'special reasons' lies with the defence on a balance of probabilities.
Key Legislation
Road Traffic Offenders Act 1988 (Section 34):
Allows courts to consider special reasons when deciding whether to impose penalties, such as licence points or disqualification.
Special reasons must be directly linked to the offence and deemed sufficiently mitigating to justify leniency.
Offences Where Special Reasons Could Be Utilised
Special reasons can apply to a range of road traffic offences, including:
1. Driving Without Insurance
Example: You believed you were insured due to a genuine mistake, such as an administrative error by your insurer.
2. Drink Driving
Example: You unknowingly consumed alcohol (e.g., your drink was spiked), and your driving ability was unaffected.
3. Speeding
Example: You exceeded the speed limit due to a medical emergency requiring immediate attention.
4. Failure to Stop or Report an Accident
Example: You were unaware that an accident occurred.
5. Driving Without a Licence
Example: A genuine misunderstanding, such as driving on an expired licence when you believed it was still valid.
What Happens If You Succeed?
If the court accepts your special reasons:
Penalty Points or Disqualification:
May be reduced or waived entirely.
Fines:
Could be significantly reduced.
Driving Ban:
You might avoid a disqualification that would otherwise apply.
What Happens If You Fail?
If your special reasons argument is rejected:
Standard Penalties Apply:
The usual fines, penalty points, or disqualifications are imposed.
Court Costs:
You may be required to pay the prosecution’s legal costs.
Impact on Record:
The conviction remains on your driving record, affecting insurance premiums.
How Are Special Reasons Assessed?
Courts consider several factors when determining whether special reasons apply:
• Connection to the Offence:
• The reason must be directly related to why the offence occurred.
• Exceptional Circumstances:
• Ordinary excuses (e.g., forgetting to renew insurance) do not qualify.
• Evidence:
• You must provide clear and credible evidence, such as witness statements or medical records.
Examples of Accepted Special Reasons
1. Driving Without Insurance:
You were told by your employer or family member that you were insured but later found out this wasn’t true.
2. Drink Driving:
Your drink was spiked, and you had no knowledge of consuming alcohol.
3. Speeding:
You exceeded the limit to get a critically ill passenger to the hospital.
Examples of Rejected Special Reasons
1. Driving Without Insurance:
You forgot to renew your policy or assumed you were covered without verifying.
2. Drink Driving:
You voluntarily consumed alcohol but misjudged the amount.
3. Speeding:
You were late for an appointment or work.