If you have been caught committing a motoring offence then you will need to act fast in order to be prepared. There are many areas of the law that are open to interpretation, everything needs to be completed correctly by the prosecuting officer otherwise you may well have grounds to contest the case.
A Special Reasons argument can be used to try to persuade the Magistrates, after giving evidence on oath, that it would not be appropriate in the circumstances to impose the penalty points. Special Reasons arguments are normally used in relation to avoiding bans in drink driving cases but, they can be used to avoid penalty points in relation to any of the endorsable offences.
When you argue Special Reasons, you have to give evidence under oath in order to persuade the Magistrates that in the circumstances, it would not be fair to put any points on your licence. The most common ground put forward is that the offence was committed in the context of an emergency, for example if you were rushing somebody to casualty and you went through a red traffic light or exceeded the speed limit.
If your case is found to have a Special Reason, then you will not be given any penalty points. There are however no strict guidelines as to what constitutes a Special Reason, but it must fall under one of the following:
1. A mitigating or extenuating circumstance
2. It must not constitute a legal defence to the allegation
3. It must be directly related to the offence in question
4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.
You will find information about the Special Reasons argument and its guidelines in section 34 of the Road Traffic Offenders Act of 1988.
A Special Reasons argument can be used to try to persuade the Magistrates, after giving evidence on oath, that it would not be appropriate in the circumstances to impose the penalty points. Special Reasons arguments are normally used in relation to avoiding bans in drink driving cases but, they can be used to avoid penalty points in relation to any of the endorsable offences.
When you argue Special Reasons, you have to give evidence under oath in order to persuade the Magistrates that in the circumstances, it would not be fair to put any points on your licence. The most common ground put forward is that the offence was committed in the context of an emergency, for example if you were rushing somebody to casualty and you went through a red traffic light or exceeded the speed limit.
If your case is found to have a Special Reason, then you will not be given any penalty points. There are however no strict guidelines as to what constitutes a Special Reason, but it must fall under one of the following:
1. A mitigating or extenuating circumstance
2. It must not constitute a legal defence to the allegation
3. It must be directly related to the offence in question
4. It must be something that the Court ought to take into consideration when deciding what punishment to impose.
You will find information about the Special Reasons argument and its guidelines in section 34 of the Road Traffic Offenders Act of 1988.
About the Author:
For more information about driving without due care and attention and for legal motoring advice, visit pattersonlaw.co.uk
No comments:
Post a Comment