Special Reasons Hearings
Specialist Motoring Offences Solicitor with over 35 years’ expertise in this area. Let me help you.
Even if you are guilty of a road traffic offence, there may be extenuating circumstances that explain why the offence took place. These are known as ‘special reasons’. If you put forward this argument, you will need to attend a special reasons hearing. If the court finds in your favour, it may decide not to penalise you, or to offer a reduced penalty.
At Donnachie Law we have an excellent track record in special reasons hearings and can represent you throughout the entire process. To find out more about how we can help you, please call us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry today and let us explain your options.
“I was facing 2 charges, namely dangerous driving and speeding at speeds of up to 120mph. Naturally, I was pretty worried. I was put in touch with Paul Donnachie of Donnachie Law. He agreed to represent me.
Long story short, Paul met with someone in the Procurator Fiscal’s office and went over the charges with him. He managed to negotiate the dropping of the dangerous driving charge. And the Fiscal agreed also to limit the speeding charge to “speeds of up to 100mph”.
I tendered a guilty plea to the amended speeding charge and received a fine and 5 penalty points. I was amazed and delighted at the outcome especially since losing my licence would probably have meant losing my job as well. I doubt many other lawyers could have achieved a result like that.”
What are special reasons?
When you put forward an argument of special reasons, it means that while you have committed a road traffic offence, there is a plausible explanation as to why it happened. Because of this your licence should not be endorsed with penalty points (or you should not be disqualified where, otherwise, disqualification is compulsory).
It is possible to argue special reasons in different types of road traffic offence cases, including –
- Driving without insurance
- Using mobile hand-held devices when driving
- Dangerous driving
- Careless driving
- Driving over the prescribed limit
Each case is different and there are any number of situations that might amount to a ‘special reason’, such as –
- You genuinely believed you were insured to drive a vehicle
- There was a medical emergency
- You were fleeing violent behaviour
- Your drink was spiked without you being able to tell
These are just some examples and this is by no means an exhaustive list. At Donnachie Law we can advise whether you are able to put forward an argument of special reasons, and if so, can prepare your case for a special reasons hearing.
Special reasons hearings
A special reasons hearing is your chance to explain to the court why the road traffic offence occurred. Therefore it is not a legal defence as such, as you will already have been convicted of, or pleaded guilty to, the offence.
It should also be noted that the concept of special reasons is not the same as exceptional hardship, which is when the consequences of being penalised would cause others to suffer. Rather, special reasons relate to the episode of driving itself.
If there are special reasons that apply to your case, you will need to make an application, after which there will be a special reasons hearing at court. During this, you will need to provide evidence, and possibly even call witnesses, to support your argument.
The court will then consider its decision. If it finds that special reasons do apply to your road traffic offence, it may decide not to impose the penalties that you would normally have faced, such as a fine, penalty points or disqualification. This may result in you receiving a reduced penalty, or none at all.
How can we help?
You may not realise that special reasons can be argued in your case. That is why if you have been charged with a road traffic offence, it is best to speak to a solicitor straightaway.
At Donnachie Law we can advise what options are available to you. If we feel it is in your best interests to attend a special reasons hearing, we will make the application on your behalf, and will prepare and present your case at court.
We have a strong track record at special reasons hearings and have successfully preserved the licences of a number of clients on these grounds, including one person who was caught driving at 90mph in a 50mph zone due to an emergency.
If we feel we cannot assist you, we will let you know at the start. If we believe, however, that you have a good special reasons case, we will act on your behalf, working hard to preserve your licence.
Contact us now
If you have been charged with a road traffic offence and would like to speak to a lawyer about your options, please contact us now on Freephone 0800 678 5167 or make a Free No Obligation Initial Enquiry.
Why Choose Us?
- Bringing over 35 years’ experience to help you
- Specialist Court Solicitor
- Featured in Scots Law Times