SPECIAL REASONS ARGUMENT

Special Reasons Argument

Most road traffic matters are ‘strict liability’ offences. This means that knowledge of the commission of an offence is not necessary to commit an offence.

A ‘Special Reasons Argument’, if applicable, helps you to avoid penalty points on your driving license. It is a principle of law, where the Court can use its discretion not to impose penalty points on your driving licence when your offence is committed due to a genuine mistake, or circumstances which you were unaware of. It involves providing evidence under oath to convince the Court that it is inappropriate to impose these penalty points.

If a Special Reasons Argument is successful, the Court will not endorse an alleged offender’s driving licence with penalty points. There may still be a fine involved, unless the Court awards an ‘absolute discharge.’ An absolute discharge disregards any financial penalty for the alleged offender.

 

The Special Reasons Argument is a difficult standard to reach. Magistrates do not have a set list of special reasons to refer to. However, a special reason must fulfil the following criteria:

       It must be a mitigating or extenuating circumstance

       It must not amount in law to a defence to the allegation

       It must be directly connected to the commission of the offence

       It must be something that the Court ought to take into consideration when deciding what punishment to impose.

Special Reasons Arguments are often difficult to successfully present to the Court. Turner White Solicitors are here to help you with your case.

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