Driving & Motoring Defence
Special Reasons Arguments
In motoring law, a Special Reasons Argument can be used to avoid penalty points or a driving ban, even if you are technically guilty of an offence.
This is not the same as a defence — you are still admitting the offence took place. Instead, you are asking the court to exercise discretion and reduce or avoid the usual penalties because of the circumstances of your case.
Our solicitors will be by your side at every stage of the court process, providing clear guidance and strong defence to protect your license.
What Counts as a Special Reason?
To succeed, a special reason must:
- ▸ Be directly connected to the offence.
- ▸ Be a genuine and unusual circumstance.
- ▸ Be a reason that the court ought to take into account when deciding sentence.
Common Examples
Some situations where special reasons may apply include:
- ▸ Driving a very short distance – for example, moving a car a few yards to a safe place.
- ▸ Emergency situations – where driving was necessary to prevent serious harm.
- ▸ Being misled about insurance – for example, if you were assured by your employer or insurance company that you were covered.
- ▸ Unforeseen circumstances – such as acting under duress or genuine mistake of fact.
Why It Matters
Without a special reasons argument, many offences carry mandatory penalties such as:
- ▸ Penalty points (e.g. for speeding or driving without insurance).
- ▸ A mandatory disqualification (e.g. for drink driving).
If the court accepts your special reasons, they may:
- ▸ Avoid imposing penalty points.
- ▸ Decide against disqualification.
- ▸ Impose a reduced penalty.
The Process
- 1. Plea – You usually plead guilty to the offence.
- 2. Hearing – A separate hearing is held where you present your special reasons argument.
- 3. Evidence – You may need witnesses, documents, or expert reports to support your case.
- 4. Decision – The magistrates or judge decide whether special reasons apply and, if so, how to sentence you.
Common Misunderstandings
- ▸ Special reasons are not the same as a defence — you are still guilty of the offence.
- ▸ Not every excuse will qualify — the circumstances must be unusual and directly linked to the offence.
- ▸ The burden is on you to prove the special reason on the balance of probabilities (more likely than not).
How MC Solicitors Can Help
At MC Solicitors, we regularly present special reasons arguments to the courts. We can:
Assess whether your circumstances may qualify.
Prepare the necessary evidence and witness statements.
Represent you in court to argue your case persuasively.
Seek to reduce or avoid penalty points, fines, or disqualification.
Ready for Legal Support?
If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.