Short answer
Prepare the charge, summons, prosecution papers, plea position, driving record, hearing notice, witness or expert evidence, chronology and documents explaining the offence-specific circumstances said to amount to special reasons.
Quick checklist
Start with these
Best order
How to organise the first pack
- Put the charge, court date and mandatory disqualification issue first.
- Explain the facts said to be connected with the offence itself.
- Add prosecution papers and any defence witness or expert evidence.
- Separate special reasons points from personal hardship evidence.
- Flag previous convictions, current points and any advice already received.
Separate Special Reasons From Hardship
Special reasons are different from exceptional hardship. They relate to the circumstances of the offence, not simply the personal impact of losing a licence. The first enquiry should say which offence is charged and why a special reasons argument is being considered.
A motoring barrister may advise on evidence, plea, legal argument, hearing preparation or representation at a suitable magistrates court hearing. The court decides whether special reasons are made out and whether to exercise any discretion.
Documents And Evidence To Gather
The evidence pack should show the charge, the prosecution case and the offence-specific facts relied on. It should not rely only on general inconvenience or employment impact.
- Charge sheet, postal requisition, Single Justice Procedure notice, summons and hearing notice.
- Prosecution statements, police evidence, breath, blood, urine or drug analysis material if served.
- Plea indication, interview record, mitigation notes and previous correspondence.
- Witness statements, expert evidence, medical evidence, route details, receipts or contemporaneous records relied on.
- Driving record, current penalty points, previous disqualifications and any existing exceptional hardship material.
- Court directions, deadline dates and any request for adjournment or evidence service.
Questions A Barrister May Consider
A focused enquiry may ask whether the evidence supports a special reasons argument, what further witness or expert evidence may be needed, whether the issue affects plea, and how the hearing should be prepared.
This guide is general information only. It does not advise whether special reasons exist in any particular case or whether the court will avoid endorsement, points or disqualification.
Review Notes For Motoring Procedure
Special reasons, obligatory disqualification, endorsement, penalty points and court procedure should be checked against current road traffic law, Criminal Procedure Rules, Sentencing Council guidance and specialist motoring review before publication.
Avoid delays
What not to send first
- Confusing special reasons with exceptional hardship.
- Omitting the charge, plea position or hearing date.
- Relying only on work or family impact where the issue must relate to the offence.
- Assuming a barrister quote request pauses a court deadline.
Source/review note: Sentencing Council driving disqualification guidance explains that special reasons for obligatory disqualification are limited and must relate to the offence. Check current road traffic law and specialist review before publication.
Editorial status: source and legal review required. No completed legal review is claimed.
Special Reasons Driving Ban Barrister Evidence Guide FAQs
Are special reasons the same as exceptional hardship?
No. Special reasons concern circumstances connected with the offence. Exceptional hardship is usually raised in totting-up disqualification cases and focuses on the consequences of a ban.
Can a barrister help with a special reasons hearing?
A motoring barrister may advise on the evidence, legal argument and representation where the matter is suitable and the papers are available.
Can special reasons guarantee no ban?
No. The court decides whether special reasons exist and what order to make. No outcome can be guaranteed.
Ask For A Barrister Quote
Barristers4U helps clients request a quote from a suitable Direct Access barrister. The information on this page is general information only, not legal advice about your individual circumstances.
If your matter is urgent, include hearing dates, court deadlines, orders and any documents you already have when you submit your enquiry.
