Chatters v Burke: QBD 1986

A car had rolled over and stopped in a field next to the highway and was then driven with a flat tyre a few yards from the field through a gate, onto the road and parked there.
Held: In determining whether special reasons existed to justify the non-disqualification of the driver for driving over the limit, it was relevant to take into account how the vehicle was driven, the manner in which it was driven, the state of the vehicle and whether the driver intended to drive any further, the prevailing road and traffic conditions, whether there was any possibility of danger by contact with other road users, and the reason for the vehicle being driven at all.

Judges:

Watkins LJ, Taylor J

Citations:

[1986] RTR 396, [1986] 3 All ER 168

Cited by:

InterpretedDirector of Public Prosecutions v Humphries QBD 3-Dec-1999
Following a conviction for driving with excess alcohol, the defendant argued that the short (nil) distance driven constituted a special reason for not disqualifying him. The court said that the magistrates were entitled to take into account the . .
CitedDirector of Public Prosecutions v Conroy Admn 23-Jun-2003
The DPP appealed a finding of special reasons for not disqualifying the defendant after finding him guilty of driving with excess alcohol. He had been stopped driving at excess speed, he had driven over a mile and had a further two hundred yards to . .
CitedKhan, Regina (on the Application of) v Director of Public Prosecutions Admn 12-Oct-2004
Defendant pleaded guity to drink driving – claim for special reasons – appeal against finding of absence of special reasons to disqualify. . .
CitedDirector of Public Prosecutions v Bristow QBD 28-Oct-1996
The prosecutor appealed against the decision of the magistrates, having found the defendant guilty of driving with excess alcohol, then not to disqualify him, finding special reasons for so doing. He had gone in answer to a call that a child niece . .
CitedDavies v Crown Prosecution Service (Bradford) Admn 13-May-2009
The defendant appealed against a decision not to find special reasons for not endorsing lis licence on his plea of guilty to speeding. He was a diabetic and had anticipated an hypoglycaemic attack. He had increased his speed so as to be able to draw . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 28 April 2022; Ref: scu.180433