RODNEY KING & PARTNERS
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Defences against Motoring Offences
At Rodney King & Partners solicitors we have a great deal of experience in defending all types of motoring offences.
We understand that your driving licence is an essential part of your life. For many people their employment and family life depend heavily on being able to drive.
We aim to achieve the most favourable outcome for our clients who are charged with any motoring offence. In some cases this may be an acquittal, in others it may mean minimising the sentence imposed by the Court.
Can I mount a defence against a motoring offence charge?
In some cases it may be appropriate to enter a plea of ‘not guilty’. We will assess your case and tell you if this approach will be suitable for you. This will depend on many factors, including whether a defence is available.
In some cases the approach may be to put forward a defence on the basis of the incorrect procedure being followed by the Police.
Strict procedures exist which set out the protocol that the Police must follow in dealing with someone at the roadside and at the Police station. This includes giving you the correct information and administering things such as breathalyser tests in the correct manner.
Special reasons
A defence based on what is known as ‘special reasons’ is a plea of mitigating circumstances. This means that you are not denying that an offence was committed, rather you are asking for mitigating circumstances to be taken into account to reduce the penalty imposed by the Court, or asking for them to impose no penalty.
Special reasons applies to a number of offences such as speeding, no insurance and drink driving related offences.
There are four criteria that must exist in order to raise the issue of special reasons:
- It must be a mitigating or extenuating circumstance;
- It must not amount in law to a defence to the charge;
- It must be directly connected with the commission of the offence;
- The matter must be one that the Court ought properly to take into consideration when imposing punishment.
Some examples of special reasons are:
- Spiked drinks
- An emergency situation such as driving someone to hospital while over the alcohol limit
- Speeding to rescue someone from danger
Exceptional hardship
In cases where you are facing a disqualification from driving it may be possible to plead to the Court on the basis that a ban would cause ‘exceptional hardship’ to you or someone else. The Court may have the discretion to reduce the penalty from a ban to a lesser penalty.
Exceptional hardship can only be used in extreme cases where the imposition of a ban would be so exceptional in nature that it would have a serious impact on innocent parties. For example:
- A family member who has a health problem or disability and who relies on you for mobility
- An impact on employees who would be seriously affected by you losing your licence. For example if you were a business owner.
- If a driving ban would lead to you losing your licence and this would have a serious impact on an innocent party or parties. (Losing a job in itself would not normally qualify as exceptional hardship.)
The Courts accept that in most cases the imposition of a driving ban will cause hardship. It is after all meant to be a penalty. A defence on the basis of ‘exceptional hardship’ will rely on showing that the consequence of the penalty would be too extreme in nature .
Do I need a solicitor for a motoring offence?
You do not need a solicitor to represent you at Court, but would be well advised to consider obtaining one, and particularly if your case is 
complicated and/or you think you might want to plead not guilty. A Court will not be impressed by someone with little understanding of the law trying to defend themselves based on hearsay and incorrect advice.
A solicitor with specialist knowledge and experience of motoring law will offer you the best chance of achieving a favourable outcome in your case.
Contact us to speak to one of our solicitors and to find out how we can help you.
