Driving Without Insurance
Although it might seem relatively trivial, make no mistake, driving without insurance is a serious offence in England and Wales. However, there are many ways an individual may find themselves in a motoring situation where they thought they had adequate insurance when in fact they did not.
This is where we can advise you and put together a strong defence.
Penalties for Driving Without Insurance
If you are caught driving without insurance you may face:
• A Fixed Penalty Notice which will require you to pay a fine of £200 and will impose six penalty points on your licence
• A court summons. If you are summoned to court you will face a fine of up to £5,000, between six to eight penalty points and disqualification from driving
At TheBarrister.co.uk, we have many years’ of experience advising motorist on the penalty to expect if they are caught driving without insurance. If you believe that you were adequately insured, having to go to court to prove it can be stressful and time-consuming. We will give you clear and concise advice as to the types of defences available to you and represent you in a diligent and professional manner.
What are the Defences Available For Driving Without Insurance?
Driving without insurance is an absolute offence, meaning if you do not have adequate insurance you have committed an offence (not knowing that you were not insured to drive the vehicle is not a defence). However, you may argue that you had ‘special reason’ for driving without insurance. This defence can be used to mitigate the sentence handed down from the court.
In order to use the plea of special reasons the following four factors must exist:
1. The circumstance which caused you to drive without insurance must be mitigating or extenuating. Extenuating circumstances is a legal term describing situations involving family, medical or personal issues, as well as extraordinary circumstances that cause the defendant to act in a way that makes the crime they committed less serious or without criminal intent.
2. It cannot amount to a legal defence
3. The circumstance must be directly correlated with the defence; and
4. It must be a circumstance in which it would be wrong for the court not to take into consideration when considering sentencing.
One of the most common reasons defendants plead special reason is because they used a vehicle which they believed they were insured to drive.
Another common reason for driving without insurance which has come to light in the last few years, as the renewing of insurance policies has become more automated, is a staff member at the defendant’s insurance company failed to auto-renew an insurance policy, so the defendant thinks they are insured to drive a particular vehicle, when in fact the renewal of the insurance policy never took place. If you believe that the insurance company failed to auto-renew your policy, you may be able to plea special reasons.
We have many years’ experience advising and defending people charged with driving without insurance. If you wish to talk to someone about pleading special reasons then call us today on 0207 797 7788 or fill in our contact form and someone will come back to you as soon as possible.