Can Needing To Go To The Toilet Provide A Defence To A Motoring Offence

The urgent need to go to the toilet may have been the cause of a recent motoring offence you are charged with. In these situations, you may be asking whether you can challenge a case based upon this need.

The short answer is that unfortunately, needing the toilet is not a defence. However, there may be other alternative approaches available to you. This article will detail the type of offences which may be caused by a need to go to the toilet and the way in which this may be useful in your case.

The Need To Go To The Toilet And Why Its Relevant

Needing to urinate or defecate is a natural human urge that can come on unexpectedly. Whilst it may appear insignificant, this can cause a real dilemma for motorists who are unable to stop or are too far from a bathroom. Some situations may be far more difficult than others, such as:

• If a motorist has been stuck in traffic
• If a person has a medical condition making their need to go to the toilet more severe
• If the driver is pregnant or taking medication that acts as a diuretic

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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How Can My Need To Use The Toilet Help My Case?

As already mentioned, needing the toilet does not constitute a defence to motoring offences. This is because motoring offences are strict liability, and the courts are therefore only concerned with whether you technically committed the offence and not with your intentions.

The court may consider the circumstances of the offence by way of a special reasons argument. These arguments are a form of mitigation and can be used to avoid the imposition of a sentence, however, it is important to note that when raising a special reason you are still admitting that you are technically guilty of the offence alleged.

A special reasons argument must comply with the criteria laid out within the case of R v Wickens [1958] 42 Cr App R 436, namely, the circumstances must:

1. be a mitigating or extenuating circumstance;
2. not amount in law to a defence to the charge;
3. be directly connected with the commission of the offence; and
4. be one which the court ought properly to take into consideration when imposing sentence.

In the case of needing the toilet, the court may accept that a medical emergency has been the root cause of the offence and therefore choose not to impose punishment.

What Offences Might I Commit?

Needing to go to the toilet could cause you to commit a number of different motoring offences; however, most of these are likely to be linked to excessive speed or failing to adhere to road measures aimed at controlling the flow of traffic.

You may struggle to convince the court that you committed a more serious and intentional offence because of this need. For example, it would no doubt be difficult to argue that you drove whilst over the specified limit for alcohol because you needed the toilet.

Some common offences regularly linked to this potential emergency situation are:

Speeding – Speeding offences can be committed impulsively and are easily linked to an intention to reduce journey time. For this reason, speeding offences are the most common charge for which a special reason of this nature is raised.

Failing to comply with a red light – Much like speeding offences, you may decide to run a red light to save some time and get to a bathroom more quickly. Your intention and potentially reduced culpability may be sufficient to avoid punishment.

In most cases involving an urge to urinate or defecate the court will have consideration of the following factors:

• Why did you have an urgent need to go to the bathroom, and is this linked to some form of medical condition, diagnosis or medication.
• Whether you would have been aware of this risk, and therefore, if you planned accordingly.
• If you had any alternative options available to you, such as stopping at a service station or shop with a bathroom.
• The duration and severity of the offending behaviour, such as the speed involved or the road conditions where you breached the rules.
• Whether you actually urinated or defecated yourself as a result.

These cases can be complex and often embarrassing for a Defendant to present. Despite this, being clear and detailed about the exact circumstances of your case and the offence committed is vital in correctly preparing any special reasons argument.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

_______________________________________________________________________

How To Build Your Case

Building a case for a special reasons argument is much like building a defence for a trial. The court will still want to see evidence which supports your version of events and will make its decision based on the strength of the information provided.

Medical evidence

The most useful evidence will often be medical documents which indicate a condition or medication which causes you to be more susceptible to having a sudden urge to go to the bathroom. The court would usually be unwilling to accept that someone with a normal amount of restraint and prior warning could be forced into a position where they have to break the law. Of course, each case is different, and the circumstances must therefore be considered in their own right. It is always worthwhile to contact a motoring solicitor for advice before making any decisions on how to proceed.

Notwithstanding this, medical evidence can be a strong basis on which to build an argument that this was a genuine and urgent medical situation. Documents such as GP letters, diagnosis letters, appointment listings and prescriptions can be used in cases like this.

Witness evidence

In certain cases, there may have been a witness present that can testify to the position you were in; this may be someone that was in the car with you or maybe a family member you contacted at the time.

Having this person draft a witness statement and attend court to provide evidence in person can be strong supporting evidence, which may add credibility to the explanation given.

Detailed maps, journey times and locations

Mapping out the route taken, including the start and end locations, is extremely important when presenting these cases. We would need to show when the urge came on, where you were headed at this point. This can validate the case that you had no alternative options available and were restricted in the choices you could make.

If the evidence shows that you drove for a long period of time having passed numerous public bathrooms, then the court would be unlikely to find in your favour.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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The Considerations Of The Court

Due to the nature of this argument, the court can be sceptical of the argument and its authenticity. It would not be unreasonable to suggest that some motorists may fabricate such an argument after the fact in an attempt to avoid a penalty.

The court will no doubt scrutinise:

• Any previous driving history and prior offending of a similar nature
• The potential authenticity of your evidence and whether it appears factually reliable
• Whether you have been consistent with your story.

Being upfront from the outset is always the best approach.

In some instances, the court may not find in favour of your special reasons argument and could come to the conclusion that there were in fact, reasonable alternatives available to you. In these types of cases, the mitigation presented can still be beneficial and may lead to the court reducing the sentence. Very often, the court can sympathise with the circumstances of a case whilst finding it to not quite fulfil the criteria of a special reasons.

Conclusion

Deciding whether to pursue a special reasons argument based upon extremely personal circumstances can be tough. However, should you feel justified in your actions and believe that you have a case falling within the requirements of R v Wickens, then it may be worthwhile considering this approach.

Each individual will have their own circumstances to consider, such as the potential impact of the sentence to be imposed and the importance of keeping their licence or avoiding points. If you are unsure of how to proceed or want some additional advice, you are able to have a private and confidential discussion with one of our motoring experts.

Presenting a special reasons argument based upon the urgent need to go to the toilet can be the difference between a loss of licence and absolute discharge.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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