Speeding Fine in Scotland? Discover speeding defences and special circumstances to avoid disqualification. Ask a specialist lawyer any question in confidence
Although there are many specialist speeding defences such as challenging the Vascar system and observing whether police procedures were correctly followed (among many others)… but this posts looks a special circumstances to avoid or substantially reduce any period of disqualification.
What Are The Special Reasons to avoid Disqualification?
Special reasons are applicable if you are convicted of a road traffic offence that has a penalty of mandatory disqualification, or compulsory endorsement. Though special reasons are not really a defence, they can noticeably scale back the sentence you receive.
Mandatory disqualification – Imposed for serious offences like dangerous driving or drink driving. – The court must disqualify for a period of at least twelve months ( more if you have got a similar prior conviction, or if the offence is especially heavy one ). – The court may shorten the period of disqualification or remove it altogether if it considers that there are special reasons to do so.
Obligatory endorsement – Imposed for a variety of offences, including speeding, employing a mobile telephone, not having insurance, as well as more major offences where disqualification may also be imposed. – The court may impose anything up to eleven penalty points. – If the court thinks that there are special reasons for doing so, they’re going to decide not to endorse your licence ( it can’t reduce the amount of points it imposes ).
Special reasons can only relate to the facts and circumstances of the offence itself, e.g. the explanation why it was committed.
Your private circumstances, for example the effect the disqualification / endorsement will have on you or others, or the incontrovertible fact that the offence was ”minor” ( for instance if you only just surpassed the speed limit ) don’t count as special reasons.
Examples of special reasons
Medical emergency if you can show that you committed the offence just because of a medical emergency, then this may amount to a special reason. However, the emergency must be bonafide and unforeseen. You may also show that you drove only as a final resort : you have to have exhausted all the other possibilities of solving the emergency, including contacting the emergency services. As an example, if a driver who lived in an agricultural area drove ( whilst over the legal limit ) to take his seriously sick child to hospital because no ambulance was available, then this would potentially amount to a special reason for not disqualifying.
Short distance
Whether the fact that you only drove for a short distance amounts to a special reason depends in general circumstances of the situation. The law is complicated in this area, but what’s clear is the distance must be really short indeed, and the court will fastidiously consider any danger that you posed to the general public.
Laced Drinks
For offences involving alcohol, it won’t be a special reason if you didn’t realize how much you drank. But if you do not know that you are consuming alcoholic drinks ( for instance, if you are served regular lagers when you asked for alcohol-free ones ), or you do not realize how alcoholic your drink is ( as an example, if somebody ’spiked’ your pint with shots of tequila ), then a special reason could be established if it was plain the unaffected drink would not have put you over the legal limit.
For more information on saving your licence or if you want to ask a specialist lawyer a question in confidence go here: Speeding Fines Scotland
