When a driver is convicted of an offence that carries a mandatory driving disqualification — most commonly drink driving or drug driving — the general rule is that the court has no choice but to impose a ban. However, the law provides a narrow but important exception: if special reasons can be established, the court has the discretion to not disqualify or to impose fewer penalty points than the minimum. This guide explains what special reasons are, what does and does not qualify, and how to present them effectively.
Our solicitors in Bolton regularly argue special reasons on behalf of clients facing mandatory disqualification and can assess honestly whether the circumstances of your case could support such an argument.
What Are Special Reasons?
Special reasons are circumstances relating specifically to the offence — not the offender — that make it unjust in the particular case to impose the mandatory penalty. The legal definition, established by the House of Lords in Whittall v Kirby [1947], requires that a special reason must:
- Be a mitigating or extenuating circumstance
- Not amount in law to a defence to the charge
- Be directly connected to the commission of the offence (not to the offender’s personal circumstances)
- Be a matter which the court ought properly to take into consideration when imposing sentence
All four elements must be satisfied. Circumstances that relate only to the driver’s personal situation — their need for the licence for work, their family responsibilities, the financial impact of a ban — do not qualify as special reasons. Those arguments are relevant to exceptional hardship applications in totting up cases, not to special reasons.
Special Reasons vs Exceptional Hardship: What Is the Difference?
These two arguments are frequently confused but are legally distinct and used in completely different situations.
Special reasons apply where a mandatory disqualification would otherwise follow from a conviction — most commonly drink driving. They relate to the circumstances of the offence itself and, if established, give the court discretion to avoid the mandatory ban.
Exceptional hardship applies in totting up cases — where a driver has reached 12 or more penalty points. It relates to the consequences for the driver and others of imposing the ban. For more detail on exceptional hardship, see our guide: 12 Penalty Points and a Driving Ban: What Happens Next?
The two arguments cannot be used interchangeably and arise in entirely different legal contexts.
What Circumstances Can Constitute Special Reasons?
The courts have accepted the following types of circumstances as capable of constituting special reasons in appropriate cases:
Laced Drinks
Where a driver consumed alcohol without knowing it — for example, because their soft drink was spiked by another person — and they were therefore unaware that they were driving over the limit, this can constitute a special reason.
To succeed, the driver must establish on the balance of probabilities that:
- Their drink was laced without their knowledge
- They had no reason to suspect they were over the limit
- Had they known, they would not have driven
The credibility of the evidence is crucial. Courts are alert to this argument being used as a cover for straightforward drink driving and will scrutinise it carefully. Independent corroboration — witness evidence, CCTV — significantly strengthens such a case.
Driving in an Emergency
Where a driver drove — or drove over the limit — in response to a genuine emergency that could not have been addressed in any other way, this may constitute a special reason. The emergency must have been real and immediate, the decision to drive must have been proportionate to the risk, and there must have been no reasonable alternative.
Examples that courts have accepted include driving a seriously ill person to hospital when an ambulance could not reach them in time, or driving to summon help after an accident in an area without mobile phone coverage. Everyday inconveniences and non-emergency situations will not suffice.
Short Distance Driven
Where the distance driven over the limit was so short, and in circumstances where members of the public were so unlikely to be endangered, that it would be disproportionate to impose the mandatory penalty, the court has a discretion to treat this as a special reason. This is a narrow argument and the shorter the distance, the more likely it is to succeed.
Low Alcohol Reading
Where the driver’s reading was barely over the limit and the excess was very small, this alone is unlikely to suffice as a special reason — the fact of being over the limit is sufficient for the offence. However, a low reading can be relevant context in combination with other special reasons arguments.
Honest and Reasonable Mistake as to Nature of Substance
Where a driver honestly and reasonably believed they were consuming a non-alcoholic drink or medication and had no reason to know it contained alcohol or a controlled drug, this can be a special reason. Again, credibility and corroboration are key.
What Does Not Constitute Special Reasons?
The courts have consistently rejected the following as special reasons:
- The driver needs their licence for work
- Losing the licence would cause financial hardship
- The driver has family responsibilities that require them to drive
- The driver is of previous good character
- The driver has shown remorse
- The driver is unlikely to reoffend
- The journey was short because the driver intended to be careful
All of these relate to the offender’s circumstances rather than the circumstances of the offence itself. They may be relevant to mitigation at sentencing but they do not qualify as special reasons.
How Is a Special Reasons Argument Presented?
A special reasons argument is made at the sentencing hearing following conviction. It is a formal legal process involving:
Evidence — the driver will typically need to give evidence under oath explaining the circumstances that constitute the special reason. Other witnesses can also be called. The standard of proof is the balance of probabilities — the driver must make the court more likely than not to find the special reason established.
Legal submissions — your solicitor will make submissions to the court explaining why the circumstances satisfy the legal test for special reasons and drawing on relevant case law.
Cross-examination — the prosecution can cross-examine you and your witnesses on the evidence presented. The credibility of the account is often decisive.
The court’s discretion — if special reasons are found established, the court then has a discretion whether to disqualify or impose points. Finding special reasons does not guarantee the court will exercise its discretion in your favour — it must still consider the overall circumstances.
How Hi Solicitors Can Help
Special reasons arguments require careful preparation, credible evidence, and effective legal submissions. Our driving offence solicitors in Bolton will assess whether the circumstances of your case are capable of supporting a special reasons argument, advise honestly on the prospects, and prepare and present the case on your behalf if you decide to proceed.
If you have been charged with drink driving or drug driving and believe special circumstances apply to your situation, contact us as early as possible — the earlier we are instructed, the more time there is to gather the evidence needed.
Call 01204 371 414 for a free initial consultation. We are available 24 hours a day, 7 days a week.
187b Derby St, Bolton, BL3 6JT · hisolicitors.co.uk
Frequently Asked Questions
Q: What is the difference between special reasons and exceptional hardship?
Special reasons apply to mandatory disqualification cases — typically drink or drug driving — and relate to the circumstances of the offence itself. Exceptional hardship applies in totting up cases where a driver has reached 12 or more points, and relates to the consequences of a ban for the driver and others. They are separate legal concepts used in completely different situations.
Q: Can I use special reasons to avoid a drink driving ban?
Potentially, yes — if the circumstances of your specific case satisfy the legal test for special reasons. Common arguments include laced drinks, genuine emergency, and very short distance driven. The circumstances must relate to the offence itself and not simply to the impact a ban would have on you personally.
Q: Do I have to give evidence in court to argue special reasons?
In most cases, yes. Special reasons arguments are heard as a formal evidential process and the driver will typically need to give evidence under oath. The credibility of that evidence is often the decisive factor. A solicitor will prepare you thoroughly for giving evidence and will cross-examine prosecution witnesses on your behalf.
Q: If special reasons are found, does the court have to let me keep my licence?
No. Finding that special reasons exist gives the court a discretion not to disqualify — but it does not compel them to exercise that discretion in your favour. The court will consider the overall circumstances before deciding whether to disqualify, impose points instead, or take some other course. A well-prepared case maximises the prospects of the discretion being exercised favourably.
Q: Can special reasons be argued for drug driving?
Yes — the same legal framework applies to drug driving as to drink driving. The most common special reason in drug driving cases is an honest and reasonable mistake as to the nature of a substance consumed. Each case turns on its specific facts and credible evidence is essential.
