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Special Reasons Argument: Penalty Points Avoided

Our Case Study

Nature of the Offence

Mrs Brant was a motorist with 9 active penalty points and she was facing prosecution for speeding at 50mph on a road restricted to a speed limit of 40mph.

She accepted that she was the driver, and openly accepted that she was guilty of this offence. This was an offence which attracts 3 penalty points, and this would result in Mrs Brant reaching 12 penalty points on her driving licence and receiving a totting-up driving ban of at least 6 months.

Genuine Emergency

Mrs Brant explained to our lawyers that her son had been at home and had sustained a severe injury, she attempted to call the emergency services however, her mobile phone was experiencing technical difficulties and as a last resort she decided to drive her son to the hospital for urgent medical attention.

She explained that the offence occurred whilst she was driving her son to the hospital, and that was the reason she was speeding.

Where the Offence Occurred

Mrs Brant lived in a village on the outskirts of Kidderminster and the offence occurred within Kidderminster town centre, as such her case was listed before Kidderminster Magistrates’ Court.

Special Reasons Argument

A ‘Special Reason’ is a reason which is special to facts of the case and the offence, it is essentially an extenuating or mitigating reason directly connected to the offence, which does not amount to a defence and a reason which the Court should take into consideration when imposing a sentence.

If the Court accepts the special reasons argument, it provides the Court with discretion not to impose any penalty points for the offence.

The Outcome

At the Court Hearing, Mrs Brant pleaded guilty to speeding and our lawyers raised special reasons (the fact that Mrs Brant was taking her son to hospital) and supported this with appropriate submissions and evidence. The court carefully considered the circumstances of our application and accepted that special reasons were present.

The Court endorsed 0 penalty points (as opposed to 3) and Mrs Brant avoided a totting-up driving ban, which would have been a ban of at least 6 months.

Names have been altered for client confidentiality reasons

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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.

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Kang & Co Solicitors is a truly specialist high-end law firm providing legal advice and representation for all matters involving Criminal Law, Driving Offences, Transport Law, Pace Interviews, Regulatory Law and Licensing Law.

Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 5 Chancery Lane in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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