Offence codes: IN10
Driving a car without insurance is treated very seriously in the Magistrates Court because of the potential implications if you were to crash when uninsured. To be found guilty of driving without insurance the Prosecution simply have to prove that you were driving a motor vehicle on a public road at the time of the alleged offence. The burden passes to the Defendant to prove that he was actually insured at the time of driving.
There are very few defences to driving a car without insurance. Driving under the mistaken belief that you were insured at the time of the alleged offence is not a defence! Driving without insurance is a strict liability offence. This means that it does not matter whether or not you meant to commit the offence – if, as a matter of fact, you did not have insurance in place at the time you were driving, then you are guilty. It is also a defence to be driving in the course of your employment and to be able to show the Court that your employer was responsible for insuring you and that you genuinely believed that there was proper insurance in place.
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WHAT CLIENTS SAID ABOUT THE SERVICE THEY RECEIVED FROM KEEP YOUR LICENCE:
“I had to plead guilty to no insurance and received a tally of 12 points. Richard set out my case and managed to keep my licence. I will recommend Keep Your Licence to my friends and family.”
It can sometimes be argued that, whilst you are technically guilty of the offence in question because you were uninsured at the time you were driving, you have ‘special reasons’ for not having your driving licence endorsed. One such ‘special reason’ is that the driver was under the genuine misapprehension that he/she was insured at the time. If you successfully argue that there are Special Reasons then the Magistrates have a discretion not to impose penalty points. In order to argue Special Reasons you would need to support your argument by giving evidence on oath.
For further information about ‘special reasons’, please click.
You may be able to establish ‘special reasons’ if you have been misled by the insurance company or somebody else as to the nature of the cover in place and this led you to believe that you were insured at the time you were driving. You might also be able to argue ‘special reasons’ if the insurance company cancelled the policy without good reason and failed to notify you of that in advance of the offence. All of these ‘special reasons’ arguments are regularly put by Keep Your Licence, often with great success. We have often been able to persuade the relevant authorities not to prosecute some cases of driving without insurance where there has been a demonstrable and reasonable misunderstanding about the existence of the policy of insurance.
The offence of driving without insurance carries a hefty penalty of 6 to 8 penalty points, a possible discretionary ban and a fine of up to £5,000 (again this is affected by how serious the offence is and your financial circumstances).
You might have been charged with an offence which could take you up to 12 penalty points on your driving licence. You may therefore be a ‘totter’ and subject to mandatory disqualification. Go to exceptional hardship to see what to do.
If you need further details or help because you have been caught driving a car without insurance, then please call: 0800 0126039 for fast advice.