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Special Reasons - Drink Driving

View profile for Olivia Peck
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Special Reasons it is not a defence but an argument surrounding the circumstances of the offence and if argued successfully, could avoid or reduce a disqualification. The argument is specifically around the drink driving incident itself and not personal mitigating circumstances.

What is a ‘Special Reason’ argument for drink drive?

The matter must:

  1. A mitigating or extenuating circumstance
  2. Not amount to a defence of the charge
  3. Be directly connected with the commission of the drink drive
  4. Be one which the Court ought properly to take into consideration when imposing the sentence

Examples of these could be; spiked drinks, a short distance driven or driven in an emergency. These are just a few examples as to what could constitute a successful special reasons argument.

What happens at a Special Reasons hearing?

The Magistrates have a discretion not to disqualify from driving if special reasons are found in connection with the offence.

Whilst the acceptance of a special reason is a positive outcome, you will still receive a conviction on your record and a fine imposed by the Court.

How can Johnson Astills assist?

Should you seek to rely on special reasons at your hearing, Johnson Astills are here to assist and ensure you are in the best possible position to present your case.

At Johnson Astills, we offer fixed fee initial consultations, at which we will discuss your matter in detail and provide preliminary advice and guidance. For further information, or to arrange a fixed fee consultation, please call our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.