Speeding in an Emergency: Legal Defences and Special Reasons

Speeding in an emergency is one of the most misunderstood areas of UK motoring law. Speeding is a strict liability offence under the Road Traffic Regulation Act 1984. This means the prosecution does not need to prove that a driver intended to break the law, only that the vehicle exceeded the limit.

However, the law recognises that genuine life-threatening emergencies occur. If you were forced to break the speed limit, there are two distinct legal routes available: the Defence of Necessity (Duress of Circumstances) and Special Reasons.

This guide explains the difference, the evidence required, and how to present your case to avoid penalty points.

The Defence of Necessity (Duress of Circumstances)

The “Defence of Necessity” is a complete defence. If successful, the Court finds the defendant Not Guilty. This means no fine, no penalty points, and no criminal conviction.

However, the bar for this defence is set extremely high. It is not enough to simply feel “panicked.”

The 3-Stage Legal Test (R v Martin)

To succeed, you must prove the following 3 conditions on the balance of probabilities (based on R v Martin 1989):

• Immediate Threat: You reasonably believed that you (or a passenger) faced an immediate threat of death or serious physical injury.
• No Reasonable Alternative: A “sober and reasonable person” would have acted in the same way. If you could have called 999 or driven within the limit, the defence will fail.
• Proportionality: The action taken must be proportional to the threat. Driving at 100mph in a 30mph zone for a minor injury would be considered disproportionate.

Special Reasons: Pleading Guilty Without Penalty

In most “emergency speeding” cases, the correct legal route is not a full defence, but a Special Reasons argument.

Here, you plead Guilty to the speeding offence, but you invite the Magistrates to exercise their discretion under Section 34 of the Road Traffic Offenders Act 1988 to impose zero penalty points and no disqualification.

The 4 Criteria for Special Reasons (R v Wickens)

The legal test for Special Reasons was established in R v Wickens (1958). To qualify, the reason must:

1. Be a mitigating or extenuating circumstance.
2. Not amount to a defence in law (you admit you were speeding).
3. Be directly connected with the commission of the offence.
4. Be a matter which the Court ought properly to take into consideration.

The “Offence vs. Offender” Rule (Whittal v Kirby)

Crucially, a Special Reason must relate to the offence (the drive itself), not the offender (the driver). This distinction was solidified in the case of Whittal v Kirby (1947).

• Valid Special Reason: “I was speeding because my passenger was having a heart attack.” (Relates to the drive).
• Invalid Special Reason: “I cannot afford to lose my licence because I will lose my job.” (Relates to the driver). This is classed as Exceptional Hardship, not a Special Reason.

Table: Necessity Defence vs. Special Reasons

Common Scenarios: What Counts as an Emergency?

Magistrates hear thousands of excuses. To succeed, your emergency must be genuine and verifiable.

1. Medical Emergencies (The “Ambulance Test”)

Driving a sick friend or relative to the hospital is the most common argument. The Court will apply the “Ambulance Test”:

• Could an ambulance have arrived in time? If you chose to drive when an ambulance could have attended, the argument may fail.
• Was the condition critical? A broken leg is painful, but rarely life-threatening. A suspected heart attack, stroke, or severe haemorrhage is viewed differently.

2. The “Toilet Defence” (Medical Incontinence)

A common query is whether needing the toilet justifies speeding. Generally, simply needing to urinate is not a Special Reason; the Court views this as poor journey planning.

Medical Exception: If the driver suffers from a diagnosed medical condition (e.g., Crohn’s Disease, Colitis) and experienced a sudden, uncontrollable onset of symptoms, this may constitute a Special Reason. You must provide medical evidence confirming the diagnosis.

3. Fleeing a Threat (Duress)

If you are being tailgated aggressively or pursued by another vehicle, this can constitute a Special Reason. You must prove that the threat was real and objective, often using Dashcam footage or a 999 call made from the car reporting the pursuit.

Procedural Step: Can I Write to the Police?

Before going to Court, you can attempt to resolve the matter by writing to the Central Ticket Office.

Once you receive the Notice of Intended Prosecution (NIP), you must identify the driver. You can include a covering letter explaining the emergency.

• Police Discretion: The police have the power to cancel the ticket if the emergency is clear and proven (e.g., a letter from a Consultant confirming a life-threatening admission).
• Success Rate: This is discretionary. If the police reject your representations, you must request a Court hearing to argue Special Reasons.

Evidence Checklist: How to Prove Your Case

The burden of proof rests on you (the defendant). You must prove your case on the “balance of probabilities.” Specialist motoring solicitors will compile the following:

• Medical Reports: Admission notes from A&E showing the time of arrival and the severity of the condition.
• Witness Statements: A Section 9 Statement from the passenger or third-party witnesses.
• Call Logs: Mobile phone records showing calls to 999 or 111 before driving.
• Telematics/GPS: Proving the vehicle drove directly to the medical facility without stopping.

The Court Hearing Procedure

Arguing Special Reasons requires a dedicated hearing in the Magistrates’ Court.

1. The Guilty Plea: You enter a guilty plea but state “Special Reasons apply.”
2. Evidence on Oath: You must take the stand and give evidence under oath.
3. Cross-Examination: The Prosecutor will question you (e.g., “Why didn’t you stop at the services?”).
4. Verdict: If successful, the Magistrates will find “Special Reasons not to endorse.” You retain your clean licence. If unsuccessful, penalty points are imposed.

• About
• Latest Posts

Neil Davies

Follow me here at LinkedIn

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.

Latest posts by Neil Davies (see all)

• Common Myths: Speeding & Speed Cameras - October 1, 2025
• Can Needing To Go To The Toilet Provide A Defence To A Motoring Offence - June 19, 2025
• Can I Drive With MOT Advisories? The Legal Position Explained - June 19, 2025