How To Make A Special Reasons Argument

If you have been accused of a motoring offence, then you will need to quickly prepare a defence before you get charged. Many areas of the law are almost open to interpretation and so the accusing side must complete every stage of the process correctly or it is likely that you will have grounds to contest the claim.

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 you argue Special Reasons, you have to give evidence under oath in order to persuade the Magistrates that in the circumstances, it would not be fair to put any points on your licence. The most common ground put forward is that the offence was committed in the context of an emergency, for example if you were rushing somebody to casualty and you went through a red traffic light or exceeded the speed limit.

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 constitute a legal 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.