How to escape a ban for speeding

A man escaped a driving ban after being caught speeding to his critically ill son’s bedside has received no fine and no points after being clocked at 128mph.

Lloyd Ansermoz was relaxing at home on a warm summer evening when the phone rang. It was the call every parent dreads: his son had collapsed and was to be rushed to hospital in a critical condition. Ansermoz left his home in Runcorn, Cheshire, jumped into his Mercedes and sped off towards a hospital in Sutton Coldfield, 60-odd miles away in the West Midlands. He would say later that he knew he was driving fast — probably too fast — but that his only thought was to get to his son as quickly as possible.
He may not have noticed just how fast he was going, but a speed camera on the M6 did. It clocked him driving at 128mph — a speed that would usually result in an outright ban, a hefty fine of up to £2,500 and six points on his licence.

However, Ansermoz was given an absolute discharge; he received no penalty points and no fine.

The argument used by his lawyers was the “special reasons” one. This allows drivers to claim that there were extenuating circumstances surrounding their crime that should be taken into account. If the court accepts there were indeed special reasons, it is then able to waive any mandatory penalty.

The clause is aimed at giving the court discretion over drivers who go over the limit in a genuine emergency.

So, what exactly constitutes “special reasons”, and how fast is too fast? According to lawyer Rodney Hylton-Potts “special reasons” is not a defence against the charge, but it allows a court the discretion not to impose the mandatory sentence.

This means that the driver will not be acquitted of the offence but can escape punishment.

There is no handy list of acceptable circumstances; instead the court is guided by a vague set of guidelines laid down by the Court of Appeal. Drivers must show that the situation was unforeseen and, in the little time that they have, they must already have explored other options, such as calling the emergency services.

It is not just the courts that can take a driver’s circumstances into account. In the Home Office’s Revised Guidance on the Operation of the Fixed Penalty System for Offences in Respect of a Vehicle, police forces are advised: “An officer will at all times consider the circumstances of the offence when reaching a decision whether to take no further action, give a verbal warning . . . complete an FPN [fixed penalty notice] or report for summons, bearing in mind any mitigating or exacerbating factors which may be present.”

If you have a motoring problem, including speeding, and keeping your licence is important, consult the experts.

For more information or a free legal opinion telephone 020-7381-8111 (24 hour service) or email [email protected].