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SpecialReasons
The Road Traffic Offenders Act 1988 makes provision, in certain circumstances, for the Court to refrain from disqualifying in respect of an offence carrying obligatory disqualification or to refrain from endorsing a licence in respect of an endorseable offence. This is often referred to as a special reasons submission and our expertise in road traffic law in Scotland will allow you to make the most of these provisions.
Whether the Court is persuaded to uphold a special reasons submission will depend upon a number of factors. The most obvious is that the reason to be adduced must not, in law, amount to a defence to the charge and must be directly linked to the commission of the offence. A distinction requires to be drawn between circumstances that relate to the offender and those that relate to the offence. It is this latter category that is relevant to a special reasons submission.
Special reasons have always been narrowly construed by the Courts in Scotland as they effectively excuse the commission of a road traffic offence by way of removing the associated penalty of endorsement or disqualification. Sound examples of special reasons can include emergency situations, being misled into committing the offence, etc. These cases proceed in a similar manner to a criminal trial and evidence should be lead in support of the special reasons submission. The Court needs to be satisfied on the balance of probabilities and the exercise of discretion in favour of an accused should only be exercised in clear and compelling circumstances.
If a special reasons submission is to be argued in respect of an offence that involves obligatory endorsement, then the Court will refrain from endorsing the driving licence with any penalty points. It cannot impose a lesser number of points and it is therefore an “all or nothing” situation. It should be noted that where the offence involves obligatory disqualification the position is somewhat different on the basis it is open to the Court to either refrain from imposing a period of disqualification or reduce the length of the appropriate driving ban. The Court’s decision will be influenced by the substantive offence and the associated merit of the special reasons submission.
Special reasons are often confused with exceptional hardship or mitigating circumstances. These are distinct legal concepts and it is imperative that the correct legal process is identified to ensure the maximum benefit is derived from the legislative provisions. These are defence orientated laws and our specialism in defending motoring prosecutions in Scotland could be the key to unlocking these provisions to your advantage.
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ml@theroadtrafficlawyer.com |
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