AVOID A DRIVING BAN
Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’
Road Traffic Act 1988 s34 and s44
Therefore even if you are convicted of an offence or there is no viable defence to it, we believe as expert traffic lawyers that we can help you.
The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person. We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.
The second stage, is once you have satisfied the court of the existence of special reasons, you have to persuade the court to exercise it’s discretion and not impose penalty points or a driving ban. Clearly the persuasive skills of an expert traffic lawyer will give you the best chance of achieving this outcome.
‘Special Reasons’ may be very important for a motorist who has quite a few points on his licence. If for example you are on 9 points and you stand to be convicted of an offence where points endorsements are obligatory you will hit or even exceed 12 points, leaving you open to a driving ban for ‘totting up’. If you can persuade the court of special reasons, you may not receive the points and so avoid the problem.
There are situations, even following a conviction for drink driving, when if you can establish special reasons you can avoid a driving ban.
We will tell you clearly what circumstances do and do not amount to special reasons.
Remember it may be necessary to call evidence in the form of witnesses to prove special reasons. Leaving things until the last minute helps nobody. Contact us as soon as possible, so that any preparation can begin immediately.