Driving without insurance is regarded in an increasingly serious light by the courts. The police are also more inclined to issue a summons in that regard.Data-sharing between agencies also means that whether or not a car is insured is a readily available piece of computerised information, without necessarily having to rely upon a person's 'word'.
This is a strict liability offence which means that if you were insured to drive the vehicle in question, you are not guilty.If you were not so insured" then you are guilty. There is no grey area save that if you were an employee acting in the course of that employment there are some defences available.
So why are the authorities so keen on tracking down 'offenders'?
Well, insurance has become an increasingly politicised issue: rising car insurance premiums mean that those who pay insurance are increasingly concerned about those who just don't bother. Which, of course, suggests that anybody who is not driving with insurance is intentionally 'dodging' payment of the premium. From our experience, this is definitely not the case. The renewal process is often automatic these days and many people simply don't look at the renewal notice (apart from perhaps the price!) and expect that, as in most cases, the policy will be renewed without any 'extra step' needing to be taken by them. However, even when staying with the same insurer year on year, it is vital to check that the insurance renewal is indeed automatic that year.
We have come across cases whereby the person alleged to be
Driving Ban really did believe that they were insured but were not because despite renewal having occurred automatically in previous years, the latest renewal notice had said that the insured should call the company to renew. Of course, in such a scenario,if you do not make the call, your insurance would simply end.
In such a scenario, the person has, in fact, committed an offence" end of story" apart from the fact that, depending on the exact circumstances, we may well be able argue that there are special reasons as to why the 6 -8 points should not be imposed. This is a highly technical argument and should be approached with caution. Clearly, the courts want to see appropriate cases punished and will want persuading that they should exercise their discretion in not imposing the points. Bear in mind though that they can only exercise that discretion once they have found as a fact that 'special reasons' exist. And this is a matter of law and legal argument. It is not clear cut and nor is it an easy route to take. However, it is possible to have success, provided the right facts exist and the right arguments are put to suit those arguments.
Here at Motoring Lawyer Direct, our panel barristers have a great degree of expertise in presenting 'special reasons' arguments in driving without insurance cases. Call us today on 0800 883 8893 for initial free advice and fixed fee representation in any court in England and Wales.
