Special Reasons in Drink Driving Cases: Can You Avoid a Driving Ban?

What Are “Special Reasons” in a Drink Driving Case?

Special reasons can allow the court to reduce or avoid a mandatory drink driving disqualification, but they must meet a specific legal test.

Special reasons are not a defence to the offence, and the court must first decide whether the circumstances meet the legal test before deciding whether to exercise its discretion.

The defendant must establish a special reason on the balance of probabilities. Even where a special reason is established, the court retains discretion as to whether to reduce or avoid disqualification.

What Is the Legal Test for Special Reasons?

The Court of Appeal established the legal test in R v Wickens. A special reason must:

• be a mitigating or extenuating circumstance;
• not amount in law to a defence to the charge;
• be directly connected with the commission of the offence; and
• be one which the court ought properly to take into consideration when imposing sentence.

See special reasons

What Circumstances Can Amount to Special Reasons?

Whether special reasons apply will depend on the facts of each case. Examples that may potentially amount to special reasons include:

Genuine emergency — potentially yes

Spiked or laced drink — potentially yes

Very short distance driven — potentially yes

Personal hardship — generally no

“I thought I was fine to drive” — generally no

No alternative transport — generally no

Can Special Reasons Prevent a Drink Driving Ban?

Yes. If the court finds that special reasons exist, it has discretion to reduce the period of disqualification or, in appropriate cases, avoid disqualification altogether.

Special reasons should not be confused with exceptional hardship, which is a separate legal argument generally associated with a “totting up” disqualification. Personal or employment hardship is not a special reason because it relates to the consequences of disqualification, not the circumstances of the offence.

What Evidence Is Needed for a Special Reasons Application?

The defendant has the burden of proving the circumstances relied upon.

Spiked or laced drink: Evidence may include witness statements, CCTV, details of what was consumed and, where appropriate, expert toxicology evidence. The defendant must show that they did not know or suspect the drink was spiked and that, without the additional alcohol, their reading would probably have been below the limit. A toxicology report alone may not be enough; other evidence and the defendant’s credibility will also matter.

At JHR Solicitors, we work with a team of expert witnesses and toxicologists who provide expert reports to the court in drink driving cases.

Genuine emergency: The court will consider the circumstances, whether driving was reasonably necessary, how serious and urgent the emergency was, whether it was foreseeable, and whether there was a realistic alternative to driving.

Short distance: The court may consider factors identified in Chatters v Burke, including:

• how far the vehicle was driven;
• how it was driven;
• the condition of the vehicle;
• whether the driver intended to go further;
• road and traffic conditions;
• the potential danger to other road users; and
• why the vehicle was driven.

What Happens If the Court Accepts or Rejects Special Reasons?

If the court accepts that special reasons exist, it can exercise its discretion when deciding whether, and for how long, to disqualify the driver.

If the court rejects the special reasons argument, the applicable mandatory disqualification will normally be imposed in accordance with the sentencing guidelines.

Sentencing guidelines

If you have any further questions about special reasons in a drink driving case, call our office on 0161 478 7121 to speak to a solicitor about your enquiry.

0161 478 7121 Enquire online

Read more:

Speeding & Exceptional Hardship Arguments