Special Reasons in Speeding Cases

How to avoid penalty points for speeding

If an offender pleads guilty to a speeding offence he may escape endorsement if he can establish that there are Special Reasons not to endorse his licence.

The onus of proof to establish special reasons is on the defendant and the standard of proof is on the balance of probabilities. Special reasons must be supported by evidence. If the court finds special reasons then it is not bound to not endorse penalty points; it merely means that a discretion to not endorse then arises. To amount to special reasons a matter must:

  1. be a mitigating or extenuating circumstance

  2. not amount in law to a defence to the charge

  3. be directly connected wiht the commission of the offence

  4. be one which the court ought properly to take into consideration

Examples of Special Reasons in speeding cases

  • Emergency; Whittal v Kirkby [1946] 2 All ER 552

  • Emergency (hypoglycaemic attack); Warring Davies v DPP [2009] EWHC 1172

  • Illness (incontinence); Marks v West Midland Police [1981] RTR 471

  • Absence of signage; Burgess v West [1982] RTR 269

  • Solicitors’ clerk late for court; Police Prosecutor v Humphreys [1970] Crim LR 234