2. Special reasons

The period of disqualification may be reduced or avoided if there are special reasons (Road Traffic Offenders Act 1988, s.34(1)). These must relate to the offence; circumstances peculiar to the offender cannot constitute special reasons (Whittal v Kirby [1946] 2 All ER 552 (CA)). The Court of Appeal (in R v Wickens (1958) 42 Cr App R 436 (CA)) has established that, to constitute a special reason, a matter must:

  • be a mitigating or extenuating circumstance;
  • not amount in law to a defence to the charge;
  • be directly connected with the commission of the offence;
  • be one which the court ought properly to take into consideration when imposing sentence.

Consult your legal adviser for further guidance on special reasons applications.