If you’ve been charged with drink driving, you may have heard the term “special reasons”, but what does it actually mean? In legal terms, a “special reason” isn’t a defence that clears you of guilt. Instead, it’s a unique circumstance that may persuade the court not to impose the usual penalty, such as a driving ban.
When do special reasons apply to drink driving cases?
Under English law, the court must normally impose at least a 12-month disqualification if you’re convicted of drink driving, and possibly a fine or even a prison sentence. However, if your solicitor can demonstrate a valid special reason, the court has discretion to reduce or even avoid penalty entirely.
A special reason must:
- Be directly connected to the offence itself.
- Be something that does not amount to a full legal defence.
- Be a reason the court should take into account when deciding punishment.
- Be supported by credible evidence, not just personal opinion.
These cases are often complex and require detailed preparation and experienced legal representation.
Common examples of special reasons
Your drink was spiked or tampered with
One of the most common examples is where the driver unknowingly consumes alcohol. If you can prove that your drink was spiked, and that you had no reason to suspect it, the court may view this as a special reason. However, you must show that you didn’t knowingly take alcohol and that you wouldn’t have driven if you had realised.
Driving a very short distance
If you only drove a short distance – for example, moving your car a few metres to prevent obstruction or theft – the court may consider this a special reason. The distance must be minimal, and there should have been no danger to other road users.
Driving in a genuine emergency
If you were driving while over the limit because of a real emergency, such as transporting someone to hospital when no other option was available, the court may consider it a mitigating circumstance.
Honest mistake about the alcohol content
If you were given incorrect information about a drink’s alcohol content, or genuinely believed you were under the limit, this may sometimes qualify. For example, if a non-alcoholic drink was found to contain alcohol due to a mix-up.
How are special reasons proven in drink driving cases?
You’ll usually need evidence and witness testimony to support your claim. For instance, if alleging your drink was spiked, independent witnesses or toxicology results are often essential. Your solicitor will prepare the case, present expert evidence where appropriate, and argue before the Magistrates why the court should exercise discretion.
Because the stakes are high, particularly if you rely on your licence for work, it’s vital to have a solicitor experienced in drink driving cases handle your representation.
Why legal advice matters
Even where a special reason exists, it’s not automatically accepted. The burden of proof lies with the defence, and the court will closely scrutinise any claim. A specialist drink driving solicitor can identify whether you have a realistic chance of success, prepare evidence, and argue your case clearly and persuasively.