Ask a Traffic Law Question, Get an Answer ASAP!
Thanks for your question. I am a solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.
Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.
The only possible way to do this is very difficult. He can seek to claim that he had special reasons for driving over the limit. If proved the court then has a discretion not to disqualify. Common special reasons put forwards are laced drinks, emergencies and shortness of distance. There is much case law on this point which can be a good indicator of the success or otherwise of raising a special reasons argument. Even if the court do not find special reasons they may well take account of the issues raised as mitigating factors in terms of sentence and disqualification. I’m sorry I can’t be more optimistic but a disqualification is mandatory apart from in the circumstances I describe.
I’m afraid not, no. I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.
Thanks for using JustAnswer. .
No this would not be sufficient to prove special reasons I’m afraid.
You haven’t explained anything about suicide. Can you explain your situation a little more please? The more information I have, the better I will be able to answer your question and that is what I want to be able to do.
You can’t do anything about this at the moment. The police have nothing to do with the procedure in court. Your partner needs to get a solicitor to represent him at the court and ask for a special reasons proof. The court will convene a hearing for evidence to be led about the reasons he drove and if the court considers that there is a special reason he drove then the court can consider not disqualifying. It is very important that he sees a solicitor before the court appearance. If he was granted a bail undertaking by the police, there will be a duty solicitor at court on the day but ideally he should try to get a solicitor engaged before the court date. The circumstances you outline are stateable grounds for not disqualifying subject to the evidence that the court hears on the day.
I wish you good luck.