Goff LJ considered the circumstances where, a defendant having been convicted of driving wih excess alcohol, the court could find special reasons for not disqualifying him. He referred to Taylor v Rajan and said: ‘The first is that the exercise of discretion should only be exercised in clear and compelling circumstances. I do not think that the present case could possibly be described as one where there were clear and compelling circumstances.
The next matter is the manner in which the defendant drove. Here we have a case where the man was so drunk that he simply drove his car straight into a lamp-post, without any other vehicle being involved. Then it is said by Lord Widgery CJ that it will be a very powerful reason against exercising the discretion in favour of the defendant if the relevant alcohol content is very high. In the present case, the alcohol content in the defendant’s breath [the reading there was 100] exceeded the permitted limit by nearly 200 per cent.
Finally Lord Widgery CJ referred to the fact that even in cases of emergency — and the present case, I repeat, was not one of emergency — it is much more difficult for a driver to justify using a car to go home, the obvious reason being that he can, if necessary, take steps to obtain alternative transport. He can get a lift, hire a taxi or, if it is available, use public transport.’
Judges:
Goff LJ
Citations:
[1984] RTR 376
Citing:
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 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: 15 May 2022; Ref: scu.277135