In certain cases it may be possible to make an application to a court to avoid a disqualification from driving. In cases involving mandatory endorsement of a licence with penalty points or disqualification the court will hear reasons as to why the circumstances are special. Case law has been established that “special reasons” must relate to the facts of the offence and not the circumstances of the offender. The finding of special reasons by a court is not a defence – it simply enables the court to exercise a discretion not to disqualify should it elect to do so. The burden of proof for establishing the existence of special reasons falls upon the defence team.
It is well established that, for example, a defendant’s disability and the potential loss of employment relate to his personal circumstances and are not capable of amounting to special reasons. Driving after your drink has been “laced” or driving in an “emergency” can potentially amount to special reasons.