Special Reasons in Drink Driving Cases

Special reasons are circumstances relating to the commission of the offence — not to the personal circumstances of the offender — that a court may take into account when considering whether to exercise its discretion to reduce or avoid the mandatory disqualification. They do not provide a defence to the charge itself. A defendant who successfully argues special reasons is still convicted but may avoid or receive a reduced ban.

Special reasons must be genuinely exceptional. They have developed through case law over many decades. The courts apply a strict test and will not accept special reasons that are merely convenient or sympathetic. However, where genuine special reasons exist, they can be highly effective.

Laced drink — Where the defendant consumed alcohol without knowing it, or without knowing the quantity consumed, for example where a soft drink was spiked with alcohol. The defendant must prove on the balance of probabilities that the drink was laced and that they would not otherwise have been over the limit. Expert toxicological evidence is usually required.

Very short distance driven — Where the distance driven was so short that the risk of danger was minimal. The courts consider the distance actually driven, the nature of the road, and the presence of other road users. This is a highly fact-sensitive argument.

Emergency — Where driving was genuinely necessary in an emergency, for example to take a person to hospital in a genuine medical emergency where no other means of transport was available. The emergency must be real and the driving necessary.

Private land — Where driving took place entirely on private land that was not a road or public place. This is a factual argument that requires evidence about the nature of the location.

A special reasons hearing takes place after conviction and before sentence. The defendant may give evidence and call witnesses. The prosecution may challenge the special reasons evidence. The burden of proof is on the defendant to establish special reasons on the balance of probabilities.

Preparation is essential. In a laced drink case, expert toxicological evidence calculating the defendant’s likely blood alcohol level based on what they knowingly consumed is usually required. In other cases, detailed witness evidence and documentation may be needed. David Roy prepares special reasons cases carefully and appears at Birmingham Magistrates’ Court to present them.