Special Reasons Hearing for Motoring Offences
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
Our law firm is ranked amongst the top tier of law firms in the United Kingdom with a Band A ranking in the category of Crime (this includes Driving Offences), the highest ranking that can achieved in the Chambers Guide.
The Legal 500 guide describes Kang & Co Solicitors as being “well adept at tailoring its resources to an individual case and investing heavily for the client. Legal advice is honest and the team always takes into consideration the views of the client.”
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.
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1500 + VAT
Why Choose Kang & Co
No Obligation Initial Telephone Assessment
We offer our potential clients an initial no obligation assessment over the telephone.
Our legal team of solicitors, paralegal's, legal advisor's and barristers are specialists in the area of Driving Offence law.
Clear Legal Costs
At Kang & Co Solicitors we are clear with our legal costs, offering fixed fee services so that our clients know exactly what they are paying for and how much it will cost.
Comprehensive Phone Meetings
In some cases it may not be possible for clients to be able to make it to our offices. In this scenario we offer a comprehensive phone meeting, that will cover everything in just as much detail as a face to face meeting. Face to face meetings are also available at request.
First Class Service
We will give you our expert advice and first rate representation at trials and interviews. We will endeavour to leave no stone unturned so that you have the best possible chance at achieving the best result. Rated as a Top Tier law firm by the prestigious legal guides The Legal 500 and Chambers & Partners.
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.
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
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 legal team 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.
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.
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