A new drink driving client, can he argue special reasons to avoid a disqualification?
Interesting case today. Client has been charged with drink driving, he accepts that he was over the limit and was stopped whilst in his car but wants to argue that there are special reasons not to disqualify him. The special reason is that he only drove a very short distance.
I hear this often, about 2 or 3 calls every day are from someone saying that they had only driven a very short distance. It normally turns out that that short distance is about half a mile. This is far too far, the courts have said in the past that even 400 yards can be too far. You have to show that there was no risk of coming into contact with other road users.
My client had been out to a pub, popped back to his car to get his phone. His car had been parked up in the pub car park and he was intending to get a taxi home. As he got in the car he saw that the window was icing up. With the snow and ice he was concerned that he would not be able to get the car out in the morning as it was facing up a slight incline in the pub car park. He decided that he would turn the car around to face the other way to make it easier to move it in the morning.
He was stopped as he was moving it, the police were called and he was arrested. He had moved it 5 foot.
The important thing that we had to show was that he did not intend to go much further and that there was little possibility that he would come into contact with any road users.
The matter has been adjourned for a special reasons hearing in 2 months time, in the meantime he will be able to drive and the court will decide at the hearing whether this is sufficient for special reasons.
**Steve Williams is the Motoring Solicitor, these diaries are based on true case, details, including the court have been changed in order to protect the clients confidentiality. Not all of Steve Williams’ cases are reported in the diary.
If you would like advice from Steve Williams call 01623 397200