Drink Driving - Escaping Disqualification

If you are convicted of drink driving it is obligatory that you are disqualified from driving. Section 34(1) RTOA reads:

Where a person is convicted of an offence involving obligatory disqualification the Court must order him to be disqualified for such period not less than twelve months as the Court thinks fit unless the Court for special reasons thinks fit to order him to be disqualified for a shorter period, or not to order him to be disqualified.

A popular possible "escape route" from disqualification is that of "special reasons". A special reason is one which is special to the facts of a particular offence. It is a mitigating or extenuating circumstance which is directly connected with the commission of the offence and which can properly be taken into consideration by the sentencing Court. A circumstance peculiar to the offender, as distinguished from the offence, is not a special reason: see Whittall -v- Kirby [1946] 2 ALL ER 552. Neither is a "special reason" a defence to the charge.

Special reasons, particularly in relation to drink/drive cases, have generated a considerable body of case law and will most commonly be advanced in cases involving:

• driving in emergencies
• inadvertent consumption of drink or drugs.

Where special reasons are put forward in cases of drink and driving, the Court must consider the following factors - see (Chatters -v- Burke [1986] 3 All ER 168):

• the reason for driving;
• the distance driven;
• the manner of driving;
• the condition of the vehicle driven;
• whether or not it was the driver's intention to drive any further;
• the road and traffic conditions at the relevant time; and
• the possibility of danger to other road users (the most important factor).

In DPP -v- Bristow [1998] RTR 100 the Divisional Court stated that the key question justices should ask themselves when assessing if such special reasons existed on which they might decide not to disqualify was this: what would a sober, reasonable and responsible friend of the defendant, present at the time, but himself a non-driver and thus unable to help, have advised in the circumstances, to drive or not to drive?
The onus of establishing special reasons lies on the defence, and the standard is that of the balance of probabilities.
The defence should give notice that they will be seeking to advance special reasons. Failure to do so will entitle the prosecution not only to seek an adjournment but also to cross-examine the defendant on his failure to give such notice so that the Court may consider whether that failure reflected upon his bona fides, see DPP -v- O'Connor [1992] RTR 66, an authority which is also helpful on the procedural requirements and the general approach to be adopted.

Drink Driving Speeding Driving with mobile phone Careless driving Driving without a seat belt