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 drive, and had driven through the centre of Congleton. He pointed out it was at three in the morning, and that his girlfriend was unwell and unable to return home unassisted.
Held: The magistrates decision was so perverse as to be wrong in law. The distance was not short and had been erratic and at speed, and had been through a town with pedestrians. A taxi could have been found for the girlfriend.
Judges:
Rose LJ VP CACD
Citations:
[2003] EWHC 1674 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Wickins 1958
The court prescribed four requirements for a special reason: namely, it must be a mitigating or extenuating circumstance; it must not in law amount to a defence; it must be directly connected with the commission of the offence; and the matter must . .
Mentioned – James v Hall 1972
. .
Mentioned – Coombs v Kehoe 1972
The defendant defended a charge of driving with excess alcohol, saying that he had only driven a short distance, and that there were special circumstances;
Held: The circumstances surrounding the respondent’s actions did not amount to a . .
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 . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 08 October 2022; Ref: scu.185606