Special reasons for not disqualifying

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, we can argue "special reasons" 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 straightforward! What might, to you, seem to be a "special reason" (losing your job) is not a special reason in law (see, however, "exceptional hardship").

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.

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