Driving with no insurance is a common offence to come before the Court due to the ever increasing costs of insuring individual drivers. The offence carries a fine with the discretion to immediately disqualify for repeat offenders or to impose 6-8 penalty points and a fine for first time offenders. Therefore, if prosecuted twice in 3 years, you may find yourself facing disqualification as a totter.
If you have been charged with driving with no insurance, it’s important to seek legal advice and support from an expert driving solicitor like Gray and Co.
As a driver, even if you have an insurance policy, it may be void if you do not have a valid licence. If any details on your insurance policy are incorrect then this can also invalidate your insurance. If you drive another car you may also be charged with driving with no insurance if your policy doesn’t cover driving other vehicles. Allowing another driver to use your car without adequate insurance can also land you 6-8 points on your licence. If the other driver showed you a fake or invalid insurance certificate before driving your car however this can be used as a defence in Court.
Problems often arise from the cancellation of policies due to missed payments and being misled into the belief that you were insured. It is not your insurer’s duty to inform you of when your policy has expired or is due for renewal so you will be charged with driving without insurance even if you were not aware that your policy had expired. It is often down to you as the driver to check that you are insured rather than the word of a third party.
If you have been stopped by the Police and were unable to produce an insurance certificate the Police have permission to impound your vehicle until you provide them with your insurance certificate. If you do not provide it to them within 7 days of the offence you will be summonsed to court.
Driving without insurance is a strict liability offence however there are arguments to put forward to the Court to avoid the imposition of penalty points. These are known as Special Reasons and you can use this argument to show that you have been misled by an insurance company or another person in to believing that you were insured at the time you were driving. You might also be able to argue Special Reasons if an insurance company cancelled the policy without good reason and failed to notify you of that in advance of the offence.
Driving without insurance is a serious offence and can result in a driving ban. We highly recommend contacting one of our team who can help you to put a strong case together for the court and hold onto your driving licence. To speak to one of our friendly, highly experienced solicitors give us a call on 01244 344299 or use our online contact form to ensure you get the defence you deserve.
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