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 was being assaulted and held against her will.
Held: There may be special reasons for non-disqualification of a driver convicted of driving with excess alcohol, if a sober reasonable and responsible friend might have said that the defendant should drive. Here however a sober friend would have advised the driver against driving, and the appeal succeeded.
Judges:
Simon Brown LJ, Gage J
Citations:
Times 28-Oct-1996, [1998] RTR 100
Statutes:
Road Traffic Offenders Act 1988 34(1), Road Traffic Act 1988 5
Citing:
Cited – Pugsley v Hunter 1973
The court discussed the basis of a submission that there existed special reasons for non-disqualification for driving whilst under the influence of drink when the driver’s drinks had been spiked. It was necessary for the applicant to show first, . .
Cited – Whittle v Kirby 1946
A special reason for not disqualifying a driver is one which is special to the facts of the case and not personal to the offender. . .
Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Cited – 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 . .
Cited by:
Cited – Khan, 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. . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 19 May 2022; Ref: scu.79989