A case for special reasons?

[mortimer]

Hi there,

I would like to present the details of my case and to ask for guidance and advice. Apologies in advance for the length of the post, but I thought it best to give as much detail as possible.

I have recently pleaded guilty to a charge of driving a vehicle over the limit - breath reading of 82. The case is due in court in early June. I hold no previous convictions.

The case details:

1) At approximately 12 midnight my partner was driving me back from the town centre to our home.
2) Very near our home we find an entire road/motorway junction has been closed which prevents us from getting home via the usual route.
3) My partner begins to drive around to seek alternative routes. This sparked an argument between us about the possible directions. We were without a map, sat nav, smart phone etc. in the car.
4) My partner then turns into a road, stops the car and effectively ‘gives up’ trying to find a way home.
5) By this point I am extremely miffed with the situation and idiotically decide that I’m going to find a route home.
6) I start to drive the car.
7) A very short time after I begin driving, i.e. approx 1 minute, I realise that what I’m doing is ridiculously foolish and stop the car.
8) I get out and sit in the passenger seat. My partner moves to the back seat. At this point both of us are effectively refusing to drive further.
9) At approx 12:30am a police van arrives. There is no-one sat in the driver seat of my car at this point. Apparently the police were called out by a resident who saw the car being driven and heard me and my partner arguing. Due to the time of night, there were no other cars on the road and no pedestrians. The resident can be assumed to be the only witness.
10) The two officers question me and my partner separately. I am asked directly by the police ‘did I drive the vehicle’ to which I replied ‘yes’. I fail the first on-site breath test. I am taken into custody and further breathalysed. The result is 82. During a police interview the following morning I plead guilty, give a succinct account of the events and I am charged.

Sentence

In the first instance I would like to know what I can expect in terms of sentencing.

Special Reasons

More crucially, I would greatly appreciate advice regarding ‘special reasons’ or any other factors that could be put forward to mitigate the sentencing.
I have read that the following could be considered under special reasons:

- the reason for driving
- the distance driven
- whether or not it was the driver's intention to drive any further
- the road and traffic conditions at the relevant time
- the possibility of danger to other road users

Given that I drove for a very short period/distance, decided promptly not to drive further, and that there existed minimal danger to other road users due to the time of night, could a plea of ‘special reasons’ be validly put forward in my case?

Other than special reasons, are there any other arguments that can be made to mitigate a sentence?

Thank you in advance for any guidance you can offer.

 

[SeanJoyceStephensons]

Based upon the information provided I believe that you could legitimately raise a special reasons plea based upon the fact that you only drove a very short distance. The only significant issue I anticipate with this plea is your reason for driving. One of the key questions that will be asked, is whether a sober friend would have advised you to drive the vehicle at that time. If your answer is no then the Court are likely to reject your special reasons plea.

This does not however necessarily mean that a special reasons plea is not worth arguing. I have often seen cases where the Court feel that the special reasons plea falls just short of the required level for them to avoid the imposition of a disqualification, however they then sentence lower than the guidelines suggest because of the extensive mitigation. This does not happen in every case by any means but it does happen with some frequency. There is also the possibility that the special reasons plea would be successful in full and completely avoid a disqualification being imposed

If you were to simply plead guilty to the offence then the Magistrates sentencing guidelines advise the imposition of a 17-22 month disqualification and a Band C fine which will be calculated on your income. You are also likely to be offered the opportunity to attend the drink drive rehabilitation course which would reduce the length of the disqualification by up to 25% upon completion.

If this is something that you would like to discuss further please feel free to contact my department on 0333 999 7158.

 

[mortimer]

Thank you very much for your response Sean.

I'll have to consider seriously the answer to the question of whether a sober friend would have advised me to drive. In keeping with the candid approach I'm taking with this whole affair I fear I know the answer.

As a brief follow-on, could I ask your view on whether the 'driver's intention to drive any further' holds equal mitigation weight as the 'distance' factor?

I do feel the fact that I was not driving, and had no intention to drive, at the point of being arrested should be considered.

Is this fact something that will be clearly evident to the court, or is it something that would need to be highlighted, for example by way of a special reasons plea?

Thanks

 

[SeanJoyceStephensons]

The fact that you had already stopped driving when the police arrived is a clear indication that you were not intending to drive any further and this is certainly something that can be presented to the Court. This specific consideration is in place because a person may be stopped by the police just as they start their journey. In these circumstances it would not be fitting for them to argue special reasons as they would have driven much further had it not been for police intervention.