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Special Reasons argument for Driving without Insurance
- AuthorOlivia Peck
What is a Special Reasons argument?
A special reasons argument is put forward to the Court in order to ask the court not to disqualify a motorist from driving or endorsing their licence with penalty points.
A conviction for most road traffic offences includes the imposition of penalty points, and in some circumstances, a disqualification. To some people the imposition of penalty points on their licence can be detrimental, especially if they already have points on their licence, and this could lead to ‘totting up’ (a minimum disqualification of 6 months).
Some offences, such as driving without insurance, are known as strict liability offences, or absolute offences. This means that if a motorist does not have insurance he commits an offence even if he does not know it and believes he is insured. The same applies for driving without a licence or driving whilst disqualified. Lack of knowledge is no defence, but it might be a special reason.
The concept of Special Reasons exists to allow the court in appropriate circumstances to reduce or completely cancel the normal consequences of a conviction, even if a person is guilty of no insurance.
A common example of Special Reasons in driving without insurance offences, if someone has innocently misled you in terms of whether you were insured, this can be a “Special Reason”.
How will I know if I should put forward Special Reasons?
Here at Johnson Astills we provide expert legal advice regarding special reasons, should you find yourself charged with this offence and believe you have a Special Reasons argument, please contact our offices who will be able to advise you further.
A Special Reasons argument can often be complex and require you to produce evidence, as well as give your own evidence on oath, therefore, it is important that you seek expert advice regarding the procedure in court.
Johnson Astills are experts in criminal law, and are able to assist 24 hours of the day whether at the police station or at Court. If you need advice or assistance from the criminal department at Johnson Astills , please contact us on 0116 255 4855.