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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:

  1. If you were over the specified legal limit for alcohol;
  2. If you were driving a motor vehicle; and
  3. If you were driving on a road or in a public place.

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.


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What Is A Special Reasons Argument?

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:

  • Be a mitigating or extenuating circumstance;
  • Not amount to a defence to the charge;
  • Be directly connected with the commission of the offence;
  • Be a matter which the court ought to properly take into consideration when imposing sentence.

The burden of proof is on the driver and you must therefore persuade the court that your case fulfils the above requirements.

What Is The Benefit Of A Special Reasons Argument?

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.


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


What Are Examples Of Special Reasons Arguments?

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:

  1. Spiked Drinks

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:

  • That your drink was genuinely spiked
  • That you were unaware that your drink had been spiked
  • That you were only over the legal limit as a result of the alcohol consumed from the spiking of the drink
  • That you would not have driven had you known your drink was spiked

What supporting evidence would strengthen my case?

  • Witness evidence from those with a first-hand account of the spiking (i.e. the friend that accidentally gave you the wrong drink).
  • Footage of the spiking of the drink.
  • Expert toxicology report showing that you were only over as a result of the spiked alcohol.

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.

  1. Short Distance Driven

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:

  • How far the vehicle was driven;
  • In what manner it was driven;
  • The state of the vehicle;
  • Whether the driver intended to go further;
  • The road and traffic conditions prevailing at the time;
  • Whether there was a possibility of danger by coming into contact with other road users or pedestrians; and
  • What the reason was for the car being driven.

What supporting evidence would strengthen my case?

  • Your own witness evidence and credibility in court.
  • Accurate calculation and images of distances and the location in which you travelled.
  • Supporting witness evidence from anyone aware of the circumstances in which the vehicle was driven.

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.

  1. Driving In An Emergency

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:

  • The emergency being genuine and unavoidable.
  • The emergency not being one that could have been anticipated.
  • There being no other alternative to driving.
  • The driving being as minimal as possible.

What supporting evidence would strengthen my case?

  • Medical records which indicate any medical emergency that occurred.
  • Witness evidence from anyone involved with the medical/genuine emergency.
  • Evidence of any prior attempt to find an alternative to driving.

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.


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


What Could Be Used As A Technical Defence Against A Drink Driving Charge

General Factors Considered with Drink Driving Offences.

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.

Credibility

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.

Risk

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.

Intention & Knowledge

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


Is There Any Risk In Raising A Special Reason?

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


Conclusion

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.

Motoring Lawyer at Caddick Davies Solicitors
Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.
Neil Davies
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