Car related offences, often leads to financial penalty and points on your driving licence. Once you have accumulated 12 penalty points you would be banned for driving for the next 6 months. However there are occasions where loss of your driving licence would disadvantage community or family members and in these situations the court can hear your “Special reasons” and allow you to keep your driving licence.
Special reasons must relate to the commission of the driving offence in question and in order to constitute a special reason the Court of Appeal advises that a special reason not to endorse or disqualify must:
- be a mitigating or extenuating circumstance;
- not amount in law to a defence to the driving charge;
- be directly connected to the commission of the driving offence;
- be one which a court of law ought to properly take into consideration when considering what sentence to impose.
What must the court consider?
When special reasons are put forward in driving related cases the sentencing court must consider the following factors:
- the reason for driving the motor vehicle; eg was it an emergency situation.
- the distance the motor vehicle was driven; ie very short, long etc.
- the manner in which the motor vehicle was driven; ie did you cause danger to other road users.
- the condition of the motor vehicle which was driven; ie road worthy or not.
- whether not it was the drivers intention to drive the motor vehicle further;
- the road and traffic conditions at the time the offence took place; and
- the possibility of danger to other road users at the time (most important factor)
If court is satisfied that there were special reasons then you would be allowed to keep your licence and you can continue driving.
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