Special Reasons Hearing
We can help protect your driving license at a Special Reasons Hearing
In certain circumstances, it is possible to avoid a compulsory Driving Ban or penalty points from being endorsed upon your driving licence. If ‘Special Reasons’ are applicable to your case, you can avoid being disqualified from driving or having penalty points endorsed. If you would like to know more about Special Reasons and whether this type of hearing will be applicable to your offence, then complete our Enquiry Form or call 0345 222 9955 to speak with one of our specialist motoring solicitors.
What is the law in regards to Special Reasons?
The legislation which gives the Court this discretion is contained within Section 34 of The Road Traffic Offenders Act 1988 which states the following:
“Where a person is convicted of an offence involving obligatory disqualification, the court must order him to be disqualified for such period not less than twelve months as the court thinks fit unless the court for special reasons thinks fit to order him to be disqualified for a shorter period or not to order him to be disqualified”
Driving offences where ‘Special Reasons’ are applicable can be argued for any Motoring Offence, however, these reasons are commonly used for:
- Drink Driving
- Failing to Provide a Specimen
- Driving without Insurance
- Failing to Provide Driver Details
Definition of Special Reasons
For ‘Special Reasons’ in a specialist Hearing to be accepted by the Court, the circumstances relied upon a need to satisfy the criteria below:
- Must be a mitigating or extenuating circumstance
- Must not amount in law to a defence to the allegation
- Must be directly connected with the commission of the offence
- Must be something which the Court ought to properly take into consideration when imposing sentence.
Kang and Co were exceptional in helping me retain my licence after an unfair dash-cam case was brought against me. I was faced with 6 point, a ban and £800 fine, and I received none of these. Win, win, win! Very happy with them.
I arranged for my nephew to see Mr Kang as he was facing a driving ban after getting 12 points in three years. Mr Kang gave my nephew detailed advice on obtaining the necessary evidence for his court case. Mr Shocker represented him at the magistrates court and instead of being banned he received a modest fine. All within a week or two!
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
A great experience with Kang & Co Solicitors. Fast and professional communications and excellent representation in court with a good outcome.
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
I was very pleased with the service I received from Kang & Co kept me informed of everything that was happening with my case dealing with Patrick on the phone was very pleasant also the barrister Mr. Walker they instructed for my case was excellent. Definitely recommend this company.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
Amazing service overall. I was impressed with how fast I had responses from emails with any queries or questions. On the day of my meeting with Kang & Co all options were made very clear and the advice I was given provided the result I wanted! I highly recommend Kang & Co, especially for motoring convictions.
Very good from start to finish and I got the best result possible.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
I believe Kang & Co Solicitors is based upon transparency, trust and integrity. I can assure you will receive an excellent bespoke service from beginning to end also have some light at the end of the tunnel during a time when the family is at its knees. My sincere regards to the entire Michelin 5* team at Kang & Co.
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
Special Reasons Arguments Procedure
When making a ‘Special Reasons’ Argument, the plea to the Driving Offence would be guilty, because the person accepts committing the motoring offence. Therefore, the special reasons argument takes place as part of the sentencing procedure at Court.
If special reasons are applicable to your case and you would like to raise this, you will need to attend Court in person for the sentencing hearing. This is because the Court must hear your evidence in person and on oath to determine whether special reasons are applicable. If relying upon special reasons to avoid a driving disqualification or penalty points the prosecutor must be provided with the opportunity to cross-examine and challenge your evidence in relation to the ‘Special Reason’ raised.
A special reasons argument cannot be made by only writing to the Court, attendance at Court is necessary to raise and successfully rely upon this argument.
Example of Special Reasons
Common examples of ‘Special Reasons’ Arguments include:
- Emergency Circumstances
- Short Distance Travelled
- Being Misled Concerning Insurance
- Spiked Drinks
A specials reasons argument can be raised in relation to any circumstance which is directly connected with the commission of the offence.
What Does Not Amount to Special Reasons
An argument is raised to explain why the offence was committed, it does not relate to you, or your personal circumstances. Loss of employment, financial hardship, loss of your home, a clean driving record or good character do not amount to special reasons, because they do not relate to the commission of the offence.
If you are looking to avoid a Driving Ban because of your personal circumstances, it may be appropriate to consider appointing a solicitor to make an Exceptional Hardship Application.
The Difference Between Special Reasons and Exceptional Hardship
Special Reasons Arguments relate to why the offence was committed or circumstances connected to the offence. As an example a person may commit the offence of Speeding because they are taking a friend or relative to hospital due to a genuine emergency. This could potentially amount to special reasons because the person accepts committing the offence of speeding. However, the reason for committing the offence was the medical emergency.
Exceptional Hardship relates to personal circumstances, for example an endorsement of 3 penalty points may render someone becoming a ‘totter’ and receiving a Driving Ban. An Exceptional Hardship Application would focus on the consequences of a driving ban and the hardship caused to others because of the driving ban.
Kang & Co Solicitors – Special Reasons
If you are being prosecuted for a Motoring Offence and would like to speak to one of our Driving Offence Solicitors or Barristers about making a Special Reasons Argument, please complete our Enquiry Form at the bottom of this page or Call 0345 222 9955 to see how we can help save your driving licence or avoid penalty points being endorsed onto your driving licence by making a Special Reasons Argument to the Court.
Convincing the Court that special reasons are present in your case can be difficult and requires experienced legal knowledge with reference to appropriate case law, factual evidence and persuasive mitigation. To have a reasonable prospect of being successful with a special reasons argument, you will need expert legal advice, preparation and representation at Court.
We Can Help Protect Your Driving Licence At A Special Reasons Hearing
Kang & Co Solicitors truly specialist solicitors and barristers are experts at defending clients who have been charged with a driving offence or are facing potential punishment.
Call Us For No Obligation Telephone Assessment
Request A Callback or Email from a Kang & Co Solicitor
Do you require a solicitor? Please don't hesitate to get in touch with us. Use our quick contact form below and a member of our experienced and professional team of solicitors will contact you as soon as possible to discuss your requirements and your options.