MOTOR LAW MATTERS - NO INSURANCE

 

NO INSURANCE

If you drive a motor vehicle, you must ensure you are covered for third party risks in order to be driving legally.

 

If you fail to do so, you are guilty of an offence.

 

The Sentencing Guideliness for this offence were revised in April 2017.  See the revised sentencing guidelines here:

https://www.sentencingcouncil.org.uk/offences/item/no-insurance-revised-2017/

 

The Offence of driving without insurance carries a minimum 6 points and a financial penalty.  It can however result in a disqualification from driving.

 

The offence is made out even if you had insurance - but did not have the relevant cover.

 

The offence is virtually an offence of strict liability, which means that there is no defence.  You either had the relevant insurance or you did not.  If you did not, you are guilty of the offence.

 

However, this is not the entire story and there are many circumstances where 'Special Reasons,' can be put forwards to try to avoid the imposition of points or disqualification.

 

Special reasons are reasons that relate to the offence, which in lay man's terms mean that the offender's culpability (guilt) is reduced.  There is an entire section about Special reasons - but a few examples are given below.

 

For example, if you were driving in a genuine emergency where there was no other option, or if your insurance company cancelled your insurance without informing you, or if you were genuinely misled into believing that you were insured.  All of those situations (and many more) are capable of amouting to a special reason and you might want to have a hearing about that - so that any sentence imposed reflects the 'actual,' situation and not just the 'fact,' of having no insurance.

 

The categories of special reason are unlimited and it is for the court to decide whether or not a set of circumstances amounts to a special reason.

 

Coral Fitzgerald has successfully defended many clients facing a no insurance charge.  Speak to her on 07790 356069 to discuss matters further.

 

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