Can I argue special reasons without a solicitor?

Technically yes, but it is inadvisable. Special reasons hearings involve sworn evidence, cross-examination, and legal tests derived from case law. A road traffic solicitor will know the relevant authorities and how to present the evidence effectively.

Does finding special reasons mean I escape all punishment?

No. Special reasons go to endorsement and disqualification only. The court can still impose a fine and costs. Finding special reasons means the mandatory points or ban may not be applied, but the conviction stands.

What is the standard of proof for special reasons?

The defendant must establish special reasons on the balance of probabilities — more likely than not. This is lower than the criminal standard of proof (beyond reasonable doubt) applied to the underlying offence.

Special Reasons Hearing

By GetRighted Legal Research TeamLast updated July 2026

Summary

Guilty but still no points? A special reasons argument asks the court to find that, although the offence is proven, there are special reasons connected to the commission of the offence that make endorsement or disqualification unjust. Special reasons are a formal legal procedure rooted in s.34(1) Road Traffic Offenders Act 1988 — not a general plea for leniency. The classic examples are a genuine short-distance emergency driving necessity, spiked drinks, or a genuinely defective speedometer without the driver's knowledge. The threshold is high: courts will not accept commercial convenience or simple forgetfulness.

What counts as a special reason

A special reason must: (1) be a mitigating or extenuating circumstance; (2) not amount in law to a defence; (3) be directly connected to the commission of the offence (not to the driver's personal circumstances); and (4) be one which the court ought properly to take into consideration (R v Wickins (1958) 42 Cr App R 236). Financial hardship, a clean licence, or a good driving record are not special reasons — they are mitigation going to sentence, not reasons to avoid endorsement. A medical emergency with no alternative but to drive a short distance, discovered only after getting in the car, may qualify.

Procedure at the hearing

Special reasons are heard after the prosecution is proved or a guilty plea is entered. The defendant bears the burden of establishing special reasons on the balance of probabilities. Evidence is called — the defendant typically gives sworn evidence and may call witnesses. The prosecution may cross-examine and call evidence in rebuttal. If the court finds special reasons, it has a discretion (not a duty) to refrain from endorsing or disqualifying. The court must still consider the gravity of the offence in exercising that discretion.

Spiked drinks — a common basis

Where a driver did not knowingly consume alcohol and their drink was spiked, the courts have held this capable of amounting to special reasons (DPP v Corcoran [1991] RTR 329). The driver must prove: (1) they did not know their drink contained alcohol; (2) had they known, they would not have driven; (3) the additional alcohol caused their blood alcohol to exceed the limit. Expert toxicological evidence is almost always required.

Preparing a special reasons argument

✓Obtain legal advice — special reasons hearings require careful preparation and evidence.
✓Identify the precise reason and ensure it meets the four-part Wickins test.
✓Gather all supporting evidence: witness statements, medical records, expert reports.
✓Understand that the court retains discretion even if special reasons are found.
✓Instruct a solicitor with road traffic expertise for the hearing itself.

Distinction from exceptional hardship

Special reasons focus on the circumstances of the offence itself. Exceptional hardship (relevant to totting-up disqualification) focuses on the consequences for the driver or third parties of disqualification being imposed. They are separate arguments available in different situations — special reasons at conviction stage; exceptional hardship at totting-up stage.

Sources

Road Traffic Offenders Act 1988, s.34(1)
R v Wickins (1958) 42 Cr App R 236
DPP v Corcoran [1991] RTR 329

Frequently Asked Questions

Can I argue special reasons without a solicitor?: Technically yes, but it is inadvisable. Special reasons hearings involve sworn evidence, cross-examination, and legal tests derived from case law. A road traffic solicitor will know the relevant authorities and how to present the evidence effectively.
Does finding special reasons mean I escape all punishment?: No. Special reasons go to endorsement and disqualification only. The court can still impose a fine and costs. Finding special reasons means the mandatory points or ban may not be applied, but the conviction stands.
What is the standard of proof for special reasons?: The defendant must establish special reasons on the balance of probabilities — more likely than not. This is lower than the criminal standard of proof (beyond reasonable doubt) applied to the underlying offence.

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