Special Reasons in drink driving cases

Special Reasons permit the court to exercise a discretion not to disqualify (or endorse) for an offence carrying a mandatory disqualification from driving. For a matter to be a “special reason” it 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; and

  • Be one which the court ought properly to take into considertation when imposing sentence

Special reasons have been found where the accused did not know the nature of what he was drinking. This can arise:

  • When the defendant does not know that he is drinking alcohol; or

  • Where the defendant knows that he is drinking alcohol but has been misled as to the nature of the drink.

The court often deals with defendants who claim that their drink was laced / spiked. In such cases, the burden of proof is on the defendant to establish that:

  • His drink was laced with alcohol;

  • He did not know or suspect that his drink was laced; and

  • If his drink was not laced then the alcohol level in his blood would not have exceeded the prescribed limit.

Unless it is obvious to a layman that the added drink explains the excess then medical / scientific evidence must be adduced.

There are other circumstances in which special reasons can be argued:

  • Emergency (where the emergency is not one that could establish a necessity / duress defence)

  • Shortness of distance driven

  • Miscellaneous circumstances

If shortness of distance driven is argued then the court will consider:

  • How far the vehicle was driven

  • In what matter it was driven

  • the state of the vehicle

  • whether the driver intended to go further

  • the road adn traffic conditions prevailing at the time

  • whether there was a possibility of danger by coming into contact with other road users or pedestrians

  • what the reason was for the car being driven.

ADVICE

The aforementioned is a very brief synopsis of a relatively complicated area of law. Information on a website is no substitute for expert professional advice. Please contact me for advice regarding your specific case.