Driving without Insurance

Law:

Under Section 143 of the Road Traffic Act 1988 it is an offence to use a motor vehicle without a valid certificate of insurance at the time of driving. It is also an offence to allow someone else to drive with knowledge that they are not covered by valid insurance.

This is a strict liability offence. All the prosecution have to prove is that you were driving at the time of the alleged offence. It is upon the defendant to prove that they were insured at the time.

Penalty:

The Sentencing Guidelines for this offence range from a fine and 6-8 points on your licence with the most serious offences involving 6-12 month disqualification. The fine is calculated depending on the severity of the offence as well as your income.

Endorsement of points on your licence is mandatory whereas disqualification is discretionary.

You may escape this if you can show “Special Reasons” for the Court to not impose an endorsement.

Our solicitors have successfully represented clients charged with this offence by showing special reasons (LINK) to the Court for the Magistrates to not impose endorsements on their licence.

Further, it is common for defendants to be charged with this offence when they actually are insured but cannot show the police paperwork at the time of being stopped. Through early interaction with the police and prosecution, we are able to eliminate a number of cases before even reaching Court.

Sometimes a person is guilty of this offence and must accept this. This is not to say that you cannot have your punishment reduced. Our expert advocacy and robust mitigation can assist in achieving reduced sentencing at Court.

If you are facing allegations, have been charged with this offence and summoned to Court, contact us immediately to discuss your matter.