You may be technically guilty of a motoring offence, but have a legal argument that justifies the court exercising discretion and not endorsing the driving licence with penalty points or even imposing a disqualification.
What does this mean in Layman’s terms?
You have an explanation as to why the offence was committed but that that explanation does not amount in law to a defence, the court should take that explanation into consideration.
Here are some examples of what potentially might be a special reason:
- You drove at speed in order to deal with an emergency
- You were assured that the vehicle was insured and you have been misled into believing that therefore you were insured to drive.
- Although over the drink drive limit, you drove for a very short distance and were unlikely to be brought into contact with other road users
- You failed to provide a specimen of breath for analysis at the Police Station but you were not the driver of the vehicle in any event
- You unwittingly drove the vehicle, whilst over the drink drive limit, having had your drinks “spiked” without your knowledge or consent
James Murray Solicitors have years of experience in preparing these types of arguments, contact us and we may be able to identify whether your case might just be a Special Reason in the making.
What should you do?
Before you do anything, call James Murray Solicitors on 0151 933 3333
- It may be that the Police have offered you a fixed penalty for the offence or sent to you a Single Justice Procedure Notice asking for your plea. Before you accept any such disposal or enter your guilty plea, do call us to discuss your case on 0151 933 3333
- The Police do not have the power to deal with a Special Reason argument; it is something that has to be dealt with by the Court. Therefore, before you complete that Single Justice Procedure Notice. Think about your explanation, and feel free to run it by us.
- If your argument has legs, it will mean your having to give evidence at Court. Remember, the burden of proof will be on you to prove your special reason argument. You will need evidence to support that explanation.
- You will be cross examined at court as to your explanation, therefore you need to prepare thoroughly for the case. A Special Reason argument will be held before a Magistrates Court, and has the look and feel of a trial. The prosecution team will be represented by a Lawyer.You will need a lawyer who has years of experience of preparing and successfully arguing “Special Reasons”At James Murray Solicitors, we like to offer clients a fixed fee arrangement where possible. Therefore there are no hidden charges.
Having instructed us, you will meet your advocate straight away. We do not instruct agents as a general rule. We believe that it is important that there is a consistency in the approach.
You will immediately have a team around you, working with you, advising as to what evidence will be required and helping you prepare for the hearing itself.
Witness statements will be taken from you and any other witness you intend to call at that hearing. By the time you arrive at Court, you will feel prepared for anything.
Again, before you enter a plea, before you do anything call James Murray Solicitors on 0151 933 3333