[2011] EWHC 2536 (Admin)

Magistrates had erred in finding that special reasons existed under the Road Traffic Offenders Act 1988 s.34 for them to exercise their discretion and not disqualify from driving an individual who had been driving while over the limit in an attempt to catch a vehicle which had been stolen. It could not be said that there was a real possibility, not merely an off-chance, that a hypothetical sober bystanding friend who was unable to drive himself, would have advised him to drive.

QBD (Admin) (McCombe J)

05/07/2011