Sentencing for road traffic offences鈥攕pecial reasons


Produced in partnership with Alex McHugh of Pump Court Chambers
Practice notes

Sentencing for road traffic offences鈥攕pecial reasons


Produced in partnership with Alex McHugh of Pump Court Chambers

Practice notes
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What are special reasons in driving sentencing?

Special reasons are a category of mitigating arguments that can:

  1. 鈥

    prevent a Defendant from being disqualified from driving or reduce the length of a driving Disqualification or

  2. 鈥

    prevent a defendant from receiving a Penalty points Endorsement

Special reasons arguments are advanced following a conviction or guilty plea for driving offences.

Although the expression 鈥榮pecial reasons鈥 and derives its force from section 34(1) (disqualification) and section 44(2) (endorsement) of the Road Traffic Offenders Act 1988 (RTOA 1988), the expression 鈥榮pecial reasons鈥 has no statutory definition.

Case law can however assist. A special reason is a mitigating or extenuating circumstance, not amounting in law to a defence to the charge, but is directly connected with the commission of the offence and one which the court ought properly to take into consideration when imposing sentence. A circumstance particular to the offender, as distinguished from the offence, is not a special reason.

When special reasons apply to motoring offences

When special reasons are found, the RTOA

Alex McHugh
Alex McHugh

Barrister, Pump Court Chambers

Alex McHugh joined Pump Court Chambers following successful completion of his pupillage. His key areas of practice are criminal defence, family, and landlord & tenant disputes. 

Prior to joining Chambers, Alex worked as a paralegal for a number of years at a Legal 500 firm in London. Two of those years were spent in crime under the stewardship of extremely experienced senior partners. Alex helped manage cases from beginning to end and represented all manner of clients in respect of a full range of alleged offences. 

As counsel, Alex defends his clients throughout every stage of proceedings. Alex accepts private and, where applicable, publicly funded briefs on road traffic offences, and has experience in representing clients in relation to speeding, drinking driving, 鈥渢otting up鈥, and causing injury by dangerous driving offences.  

Alex predominantly works across the Western Circuit, London, and the South East. 
 

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A person against whom a claim is brought.

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