Why Choose Us
- Ranked in the top 20 law firms by Trustpilot
- Nationwide Legal Coverage
- Free Consultation
- Fixed Fee Terms
- Competitive Rates
- Flexible Payment Plans
- Trusted Legal Care
- UK’s Leading Motoring Solicitors
4.8 out of 5
Our customers rate us
“EXCELLENT”
AS SEEN ON
23.10.2024
Drink Driving Special Reasons
A special reasons argument allows the court to consider the circumstances surrounding the commission of the offence. Drink driving is a particularly common motoring offence often committed unknowingly or without prior intention. Due to the strict liability nature of this offence, the court is usually only concerned with the following three things:
This leaves little room for an explanation or indeed a review of your fault and moral culpability. The court are aware of the ‘strict’ nature of this offence and as such they allow for special reasons arguments to be made. A special reasons argument, if successful, can lead to the court either reducing or not imposing a driving disqualification.
This article should help to clarify all you need to know about what a special reasons argument is and how it can be used in drink driving cases.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
A special reasons argument is an explanation of the circumstances surrounding the offence and the reasoning as to why it occurred. Importantly, a special reasons argument is not a defence.
An argument of this nature is often deployed when you may be technically guilty of drink-driving but not morally culpable. Importantly, a special reasons argument must comply with the leading authority in the case of R v. Wickens (1958) in that it must:
The burden of proof is on the driver and you must therefore persuade the court that your case fulfils the above requirements.
Drink-driving is a serious criminal offence that can lead to long driving disqualifications, fines, community orders and even custodial sentences.
Drink-driving offences come with a mandatory driving disqualification of 12 months and dependent on the reading can reach up to 36 months for a first-time offence. Special reasons are therefore very useful in either reducing or avoiding the driving ban.
Many people rely heavily on their licence for work or other family commitments and therefore maintaining an ability to drive is vital. Of course, regardless of the potential benefits there must still be a basis on which the special reasons argument is brought.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
There is no set list of circumstances which do and do not constitute special reasons in drink driving cases. However, there are a number of examples which have developed over the many years this argument has been used, specifically:
In some instances, a person may be found over the specified legal limit of alcohol as a result of unwitting consumption. This may be the result of a malicious spiking of your drink or a more harmless error made by a friend who poured the drink for you. This special reason has been successfully raised on the basis that the defendant has a lack of intent and ultimately lower culpability.
To successful argue this special reason you must demonstrate:
What supporting evidence would strengthen my case?
It is certainly relevant to note that spiked drinks arguments are unlikely to be successful if the alcohol reading is high. It is improbable that the court will accept you were unaware that you had been spiked (or were over the legal limit) if you would have likely felt the effects of the alcohol.
Another common special reasons argument is that the distance driven whilst over the legal limit was so minor that it would not be in the interests of justice to punish you. Evidence of a short distance driven clearly reduces the risk that you posed to other road users and the overall harm of the offence.
The case of Chatters v Burke [1986] outlines the seven matters to consider in shortness of distance driven cases:
What supporting evidence would strengthen my case?
Whilst ‘short distance’ is not defined, it can be said that the court would usually expect to see a distance of metres rather than miles. A large number of these cases occur when a vehicle owner is asked to move their car as it is causing an obstruction or danger.
Driving in an emergency situation is a special reasons argument that is used in a whole manner of motoring offences from speeding to driving without insurance. Should you be driving, whilst over the specified limit for alcohol, in order to combat an immediate medical emergency there may be scope to argue this as a special reason.
The court have previously referenced the importance of:
What supporting evidence would strengthen my case?
The question in ‘emergency’ cases is not whether the action was understandable but whether there was not alternative due to the emergency. If calling an ambulance or travelling by way of public transport was a reasonable alternative you are unlikely to be successful. It is also important to note that emergency situations are not confined solely to ‘medical’ emergencies, although these are the most common.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
There are a number of specific considerations that the court may have in each individual special reasons case. Alongside the specific considerations there are also more general factors which will likely be of impact in every special reasons argument presented.
As most of these arguments rely on believing your version of events it is extremely important that the evidence you provide is credible and believed by the court. Your credibility will be considered when you give evidence under oath but may also be impacted by your previous offending history. Should you have any previous dishonest offences or convictions of a similar nature the court may not be inclined to believe your evidence.
As special reason arguments often imply a reduced presence of risk, the court would look to evaluate the circumstances of your case and whether any road users or members of the public were in danger of harm as a result of your actions. Driving in populated areas, in busy traffic or whilst highly intoxicated would lead the court to view your actions as higher risk and less likely to be a special reason.
As with risk, the court will consider the drivers state of mind as this is pivotal in helping the them determine culpability. If you knew you were over the legal limit or you intentionally disregarded the risks posed by your actions the court is less likely to find in your favour.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
When raising a special reasons argument there is no guarantee that you will be successful. The outcome of the case will depend on the discretion of the court and whether they are of the view that you have fulfilled the criteria as it is set our in R v Wickens (1958).
However, as you must enter a plea of guilty in order to raise a special reason, there is no risk that you will lose credit by making this argument. Should you be unsuccessful with your special reasons argument you would be free to proceed with further mitigating any sentence wherever possible.
In presenting a special reasons argument you may ultimately incur additional costs. These may arise due to increased prosecution costs brought about by the attendance of witnesses or provision of expert evidence both by the prosecution or on your behalf as the defendant.
There is also the consideration that your case may take longer to conclude when proceeding with a special reasons argument compared to simply dealing with sentence at the first opportunity.
Of course, a number of risks will come with any approach that you decide to take. It is always best to seek the advice of a legal professional as to what the best options in your case are and to help you evaluate the strength of your special reasons argument.
Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice
Drink driving is clearly a serious criminal offence, but it is important to know that there are ways to argue for leniency with the court, with special reasons. If successful, a special reasons argument could help you avoid the mandatory driving disqualification that would otherwise be imposed and even reduce any financial penalty.
Special reasons arguments are, however, very difficult to prove. The court maintains a high threshold when considering these cases and they are very conscious to not ‘open the floodgates’ for arguments that are anything but compelling. Navigating the complexities of a special reasons argument can be extremely difficult and it is therefore advisable that you seek legal advice if you believe you would benefit from this argument.
If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0151 944 4967 for a free consultation.
Why Choose Us
We have been successfully representing clients in motoring courts nationwide
Contact us for a free consultation, our expert solicitors will be able to discuss your case and advise on legal options.
Birmingham
Bradford
Bristol
Carlisle
Cardiff
Chelmsford
Huddersfield
Hull
Manchester
Liverpool
Leeds
London
Newcastle
Norwich
Nottingham
Sheffield