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How Allen Hoole Solicitors Can Assist with Special Reasons Arguments

When facing a driving offence that could result in disqualification or penalty points, many drivers assume that their fate is sealed once the offence has been committed.

However, there are certain situations in which a legal concept called “special reasons” can be argued in court to prevent or mitigate the usual penalties, such as disqualification. These special reasons allow a court to deviate from the standard sentencing guidelines, often allowing drivers to avoid severe penalties or disqualification.

At Allen Hoole Solicitors, we have successfully argued special reasons in numerous cases, helping clients retain their driving licences and avoid penalties. With our large team of experienced solicitor advocates, we are well-positioned to help you navigate this complex legal argument. As the largest criminal defence firm in the South West of England, our expertise in motoring law is unparalleled, providing a significant advantage in these types of cases.

What are Special Reasons?

In driving law, a special reason is a mitigating factor that is directly connected to the commission of the offence but does not serve as a defence to the offence itself. It must be an exceptional circumstance that justifies a more lenient sentence than what would typically be imposed.

For a special reason to apply, it must meet the following criteria:

  1. It must be directly connected to the commission of the offence.
  2. It must not amount to a defence to the offence.
  3. It must be a reason that the court should consider when deciding on sentencing.

Some common examples of special reasons in driving cases include:

  • Driving in an emergency: If a person was speeding or committing a driving offence to respond to a genuine emergency, such as rushing someone to the hospital.
  • Driving short distances after consuming alcohol: Where an individual drove a very short distance and did not pose a risk to the public.
  • Unknowingly driving with no insurance: Where an individual believed they had valid insurance but, due to an administrative error or other circumstances beyond their control, did not.

The Special Reasons Argument Process

To argue special reasons in court, your solicitor must present a compelling case that meets the legal criteria. The process typically includes the following steps:

Legal Consultation

The first step is to consult with a solicitor to determine whether your case qualifies for a special reasons argument. At Allen Hoole Solicitors, we review the specifics of your case and assess whether a strong argument can be made.

Gathering Evidence

Evidence plays a crucial role in a special reasons argument. Depending on the circumstances, this could include medical evidence, witness statements, or documentation supporting the special reason being argued. For example, if you were driving due to a medical emergency, medical records or a statement from the doctor could support your argument.

Court Hearing

A special reasons hearing is typically held before sentencing, and your solicitor will need to present the case to the magistrates or judge. The court will carefully evaluate whether the special reason is valid and whether it warrants a lesser sentence or an exemption from disqualification.

How Allen Hoole Solicitors Can Help

At Allen Hoole Solicitors, we have a long history of successfully presenting special reasons arguments in court. Here’s how we can help:

Expert Legal Advice

Our solicitors are highly skilled in road traffic law and can advise you on whether your case has a chance of success with a special reasons argument. We carefully assess the facts and build a strategic legal plan to maximise your chances of success.

Case Preparation

We know how to prepare and present evidence that supports your case. From gathering witness statements to preparing detailed documentation, we ensure that the court has everything it needs to fully understand the exceptional circumstances surrounding your offence.

Court Representation

Our team of solicitor advocates has significant experience in presenting special reasons arguments before the courts. We know how to make compelling legal arguments that resonate with the magistrates or judge, focusing on mitigating factors that could justify a reduced sentence.

Proven Success

Allen Hoole Solicitors has a strong track record of success in special reasons cases, often enabling our clients to avoid disqualification or mitigate penalties. We have successfully represented drivers across a wide range of offences, ensuring that the court considers all the circumstances before imposing penalties.

Why Choose Allen Hoole Solicitors?

With decades of experience in defending drivers against motoring offences, Allen Hoole Solicitors is the largest and most experienced criminal defence firm in the South West of England. Our extensive knowledge of motoring law, combined with our strong relationships with leading barristers, gives us a significant advantage in arguing special reasons on behalf of our clients.

If you believe that your case may involve special reasons or if you’re facing a driving offence and need expert legal representation, contact Allen Hoole Solicitors today. We are available to provide 24/7 legal support and offer expert advice on how to best handle your case.