Offences Where Special Reasons Can Apply 

Special reasons can in principle be advanced for any endorsable offence, though they arise most commonly in the following contexts: 

Drink driving and drug driving 

Drink driving carries a mandatory minimum disqualification of 12 months for a first offence. Special reasons are most frequently argued in drink driving cases, where the circumstances of how the driver came to be over the limit, the distance driven, or the nature of the situation can carry real weight with the court. 

Driving without insurance 

No insurance carries 6 to 8 penalty points and an optional disqualification. Special reasons are regularly argued where the driver was misled into believing valid insurance was in place, or where a policy was cancelled without the driver's knowledge. 

Speeding 

Where a driver exceeded the speed limit in response to a genuine emergency, special reasons may be available. The threshold is high, but where the facts genuinely support an emergency argument it can succeed. 

Failure to provide a specimen 

Special reasons can arise where the driver had a genuine medical reason for being unable to provide a specimen and communicated this to the officer at the time. 

Mobile phone offences and other endorsable offences 

Special reasons are not confined to the most serious offences. Any endorsable offence can, in principle, attract a special reasons argument if the circumstances of the offence itself meet the Wickens criteria. 

Common Special Reasons Scenarios 

Laced drinks 

Where a driver has consumed alcohol without knowing it, because their drink was spiked or contained more alcohol than they were aware of, this can constitute a special reason for not disqualifying in a drink driving case. The court will need to be satisfied that the defendant did not knowingly consume enough alcohol to put them over the limit, and that the undisclosed alcohol explains the excess reading. Expert pharmacological evidence calculating blood alcohol levels is often required, and the facts must be credible and consistent. 

Shortness of distance driven 

Where a driver was over the prescribed limit but drove such a short distance that the risk to other road users was minimal or negligible, this can amount to a special reason. The leading authority on the factors to be considered is Chatters v Burke [1986] 3 All ER 168, in which Watkins LJ identified seven matters the court must take into account: 

• How far the vehicle was driven 

• The manner in which it was driven 

• The condition of the vehicle 

• Whether the driver intended to go further than they did 

• The road and traffic conditions at the time 

• Whether there was a possibility of danger by coming into contact with other road users or pedestrians 

• The reason for the car being driven 

The case of James v Hall [1972] RTR 228 provides authority that shortness of distance can amount to a special reason. The courts have consistently held that we are generally speaking of metres rather than miles, and the absence of danger to the public is a critical factor. Crucially, if the reason the distance was short was because the police intervened and stopped the driver, the court will consider the full distance the driver intended to travel, not just the distance actually covered. 

Driving in a genuine emergency 

Where a driver committed an offence because they were responding to a sudden and genuine emergency, this can amount to a special reason. The case of Brown v Dyerson [1969] establishes the principle, though it also illustrates how demanding the test is. The emergency must be real, urgent, and not of the driver's own making. The driver must also have had no reasonable alternative to driving. Cases where the driver could have called an ambulance or asked someone else to drive will face significant difficulty. 

Driving without insurance: being misled 

Where a driver genuinely believed that valid insurance was in place because they were misled, either by a co-owner of the vehicle, by an insurer, or by a policy arrangement that turned out to be ineffective, special reasons may be available. The driver must have acted reasonably and in good faith. The court will scrutinise whether the belief was reasonable in the circumstances and whether any steps were taken to verify the position. 

Medical or pharmacological factors 

Where a driver was unaware that prescribed medication would interact with alcohol and affect their driving ability, and they were not warned of this risk, this can in limited circumstances support a special reasons argument. The case of R v Holt [1962] provides authority for this principle. Similarly, where a driver was unaware of a medical condition such as undiagnosed diabetes that affected their driving, this may be relevant. 

 How Does the Hearing Work? 

A special reasons hearing takes place in the Magistrates' Court, usually on the day of sentencing after a guilty plea has been entered. The procedure requires the driver to give evidence on oath, setting out the circumstances relied upon. The prosecutor has the right to cross-examine the driver and to call evidence in rebuttal if they choose to do so. 

The standard of proof is the balance of probabilities. The driver must satisfy the court on the evidence that the circumstances they rely upon exist and that they meet the Wickens criteria. Bare assertion without supporting evidence is unlikely to succeed. 

Supporting evidence can include witness statements from those who were present, expert pharmacological or medical evidence, photographs or mapping evidence, documentary records such as insurance certificates or correspondence, and any other material that is relevant to the factual basis of the argument. 

If the court finds special reasons, it then has a discretion as to what, if any, penalty to impose. It does not have to do nothing. Even where special reasons are established, the court may still impose a financial penalty or take other steps. The finding of special reasons simply removes the obligation to endorse points or impose a disqualification. What the court then does with that discretion depends on all the circumstances. 

 What Special Reasons Are Not 

Several arguments are sometimes incorrectly advanced as special reasons and are unlikely to succeed: 

• Being only slightly over the prescribed limit is not a special reason. The courts settled this in Delaroy-Hall v Tadman [1969] and have consistently followed it since. 

• Personal mitigation, such as a good driving history, family responsibilities, or the impact of a ban on employment, does not qualify. These are matters of general mitigation, not special reasons. 

• Not eating enough before drinking is not a special reason, as confirmed in Archer v Woodward [1959]. 

• Stress, tiredness, or the general pressures of the driver's life do not connect with the offence in the way Wickens requires. 

• A genuine belief that you were under the limit, without more, is not a special reason unless there is an objective explanation, such as laced drinks, that justifies that belief. 

 How We Can Help You 

Special reasons arguments are legally and factually demanding. They require an honest assessment of whether the facts genuinely meet the test, careful preparation of evidence, and skilled advocacy at the hearing. An argument that is advanced without proper foundations will fail and can damage the client's credibility with the court. 

At The Motoring Lawyers, we will assess your circumstances honestly and tell you at the outset whether we consider a special reasons argument to be viable. If it is, we will prepare it properly. 

• Free initial consultation We will listen to the full circumstances of your case and give you a clear and frank assessment of whether special reasons are available to you and what the realistic prospects are. 

• Evidence preparation We identify exactly what evidence is needed to support your argument, advise you on how to obtain it, and ensure it is presented to the court in the most effective way. 

• Expert witnesses Where pharmacological, medical, or other expert evidence is required, we can instruct the appropriate experts and ensure their reports address the specific legal issues the court needs to decide. 

• Court preparation We prepare you thoroughly for giving evidence and for cross-examination. Credibility in the witness box is central to the success of a special reasons hearing. 

• Expert advocacy We present your case at court with the precision and authority these hearings demand. We know what courts need to hear and how to address the prosecution's challenges effectively. 

• Fixed fees Our fees are agreed in advance. There are no hidden charges and no surprises. 

 Special Reasons and Totting Up 

Special reasons and exceptional hardship are separate legal arguments that operate in different circumstances and serve different purposes. It is important not to confuse them. 

Special reasons go to the circumstances of the offence itself and can prevent points from being endorsed or a disqualification from being imposed. If special reasons succeed, the points are not added to the licence at all. This means the driver will not tot up to 12 points on the basis of those proceedings, and the starting point for any future totting up calculation is unaffected. 

Exceptional hardship, by contrast, is relevant only once a driver already has 12 or more points and is facing a totting up disqualification. It does not remove the points; it simply persuades the court not to impose the ban. 

In some cases, both arguments may be relevant. For example, if a special reasons argument succeeds in relation to the latest offence and no points are endorsed, the driver may no longer reach the 12-point threshold and the totting up risk disappears entirely. We will consider all available options at the outset and advise you on the most effective strategy for your specific circumstances.