subject: Tips For Fighting A Driving Without Insurance Charge [print this page] As motoring offences go, driving without insurance is one of the most frowned upon by the Magistrates' Courts. If you receive a Fixed Penalty Notice for the offence, then you'll automatically receive a fine of 200 and six points on your licence. If the case goes to the court, then you'll receive a fine of as much as 5,000 and eight points on your licence. What's more, if you've been convicted of the offence before, then you could be given an automatic ban that stops you from driving for at least a month and most likely much longer.
The difficulty of avoiding such a conviction comes from the fact that there is very little defence for driving without insurance. Arguing that you were unaware of your lack of insurance at the time carries no weight in court, even if your insurance company failed to notify you that your coverage had expired. Furthermore, you're liable even if your car was being driven by someone else who wasn't insured to drive your vehicle, or if you were the one driving someone else's car. Having comprehensive insurance cover does not mean that you are automatically insured to drive other peoples' vehicles.
A further complication comes from the fact that you do not have to have been driving the car to receive a conviction. This offence relates to 'having use' of a vehicle, which can mean something as simple as having the car parked outside your house. Additionally, the burden of proof falls on you as the owner or driver to show that you were insured at the time, which differs from most other cases where the onus is on the prosecution to prove your guilt.
While defending such a charge is indeed difficult, that's not to say that there aren't certain mitigating circumstances which can help you secure an acquittal. Ignorance is not a defence, but if you can show that you were misled by someone else into believing that you were insured to drive a vehicle, you have a chance of avoiding prosecution. This may be because your employer told you that you were insured to drive a company vehicle, or because your insurance broker mistakenly informed that you were still covered when you actually were not covered. In these cases, being actively misled by other parties can prove a strong defence in court, which can help you to avoid a ban.
Mounting such a defence can be a highly technical process, which is why it's best to seek the advice of a specialist motoring solicitor or barrister if you are looking to challenge the case brought against you. They can help you find the evidence you need to guide you through the legal process and work with you to ensure that you bring the strongest case possible to court.
by: Julian Harris
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