Driving with no insurance / Permitting another to use a vehicle without insurance
Being prosecuted for driving without insurance can be frustrating and confusing, especially if you believed that you had adequate insurance in place. The Courts take a harsh line with this offence, and if convicted, you could face 6-8 penalty points on your licence or a driving ban of up to 12 months, an unlimited level of fine, along with the possible seizure and destruction of your vehicle. With these severe penalties in mind, its important to get advice from a specialist no insurance solicitor early on.
If you’ve been charged with driving without insurance and would like to discuss whether you have a defence, or need to minimize the severity of the sentence you face then call one of our specialist no insurance solicitors today on 0330 33 22 770
Our specialist no insurance offence solicitors will listen to the details of the allegation against you, advise you on the law and discuss the many ways that we can help you.
Evidence of driving without insurance
Driving without insurance is a strict liability offence, meaning that as the matter is one involving social concern, there is no need for the Prosecution to prove that you intended to commit an offence.
All that the Prosecution must prove to secure a conviction for driving without insurance is that you used a motor vehicle on a road or public place without a valid policy of insurance being in place.
The sentences for no insurance offences can be severe, resulting in up to 8 penalty points on your driving licence, or an instant ban of up to 12 months. A conviction for driving without insurance could also result in the seizure and destruction of your vehicle.
It is also extremely important to note that you would also face the same penalty even if you were not the person driving the vehicle at the time when the no insurance offence was committed. Allowing another person to use your vehicle without insurance carries the same sentence in law
There are many scenarios where you may have unwittingly committed this offence. Examples of some of the more common cases that we deal with are:
- “The insurance payment was not taken from my bank and the policy was cancelled without my knowledge”
- “The insurance policy had lapsed, and my insurer did not remind me to renew my policy”
- “I was driving to see a patient during working hours but had only taken out social and domestic cover on my insurance”
- “I had a traders policy but was using my vehicle to perform activities connected with another business”
- “I fell victim to a scam”
How our Specialist No Insurance Solicitors can help you
Although deemed as a ‘strict liability’ offence (you either had insurance or you didn’t), there are still a number of ways of successfully defending a charge of driving without insurance.
Factual defence to driving without insurance
Of course the simplest defence is to show that you did actually have insurance at the relevant time. Although proving that you had insurance at the relevant time can sometimes be trickier than it might seem, particularly for those who are unfamiliar with the Criminal Justice System.
Special defences to driving without insurance
Sadly, it is often the case that many people charged with this offence have been unwittingly misled that they had insurance by somebody else. It can be even more devastating when this person is a loved one such as parent or spouse. Fortunately the law provides a further defence for this scenario. If the Court accepts that to you neither knew nor had reason to believe that you were uninsured, then you would be found not guilty of this offence. In order to prove that you had no reason to believe that you were uninsured, we would take very detailed evidence from you. It may also be necessary to obtain statements from relevant individuals to make your case as strong as possible.
If you were using your employer’s vehicle, and had no reason to believe that it was uninsured, then again, you might be not guilty of this offence. The law actually makes provisions for this scenario too. In order to build a strong defence on this basis, we would take very detailed evidence from you, and would most likely take further evidence from certain witnesses such as your employer or colleagues. At Ashworth Motoring Law, we take a “no stone unturned” approach to case preparation and will not rest until your defence is at its strongest.
A further defence to driving without insurance would be to prove that your vehicle was not on a road or public place at the time when it is alleged that the offence took place. Whilst appearing relatively simple, this defence can become quite technical and could involve the instruction of an expert witness to prove that the relevant area was technically inaccessible to the public.
Ultimately, defending a charge of driving without insurance will result in a trial. With our expert motoring lawyers in your corner, you needn’t worry about cross-examining witnesses or taking defence witnesses through their evidence-in-chief. That’s what we’re here for. You can relax in the knowledge that your case is being handled by the best in the business.
Pleading Guilty to a No Insurance Offence? Damage limitation
If pleading guilty is your only option then there is still be a great deal that we could do for you. What impact would 6-8 extra points have on your licence? Are you confident at going to Court and facing a bench of Magistrates and a Prosecutor to present your plea for leniency alone? Could a further 6-8 penalty points mean that you face a 6 month driving ban under the totting up rules?
At Ashworth Motoring Law, we offer a truly exceptional service which takes the stress and worry of your prosecution away from you. Our expert motoring lawyers are on hand 24/7 to guide you through this process, prepare a full case to persuade the Magistrates to be lenient on you, and in some cases, can achieve results where you receive no penalty points whatsoever.
If you’re considering pleading guilty to a no insurance offence and would like to know more about how our guilty plea and mitigation service could give you peace of mind along with an amazing result at Court, then visit our dedicated guilty plea page or call one of specialist solicitors on 0330 33 22 770. Lines are open round the clock, seven days a week, so get in touch whenever’s best for you.
Caution for New Drivers who are charged with driving without insurance!
A conviction for driving without insurance will almost certainly lead to the revocation of your driving licence by the DVLA unless you act now. Please take a look our special section for new drivers who have passed their test within the last two years to see how a conviction for driving without insurance could affect you, or call one of our specialist solicitors today on 0330 33 22 770 to find out how we can help.
Magistrates’ Sentencing Guidelines for Driving without Insurance:
The Magistrates’ Sentencing Guidelines for driving/permitting the use of a vehicle without insurance can be found below:
Call our Motoring Law Helpline for Free Legal Advice on your Driving Without Insurance Offence from one of our Expert No Insurance Solicitors
Our Driving without Insurance experts are always happy to talk through your options and provide expert advice and guidance which could secure a phenomenal result in your case.