I have been stopped by the Police for driving without insurance. Do I face a driving ban?
Driving uninsured is a serious offense which on conviction normally carries between 6-8 penalty points. The fine will vary depending on income. If you’re worried about going to Court you should engage legal help from people like motoringoffencelawyers.com.
Could I receive a Fixed Penalty Notice?
Many police forces impose a Fixed Penalty Notice of six points and a £200 fine instead of prosecution in Court.
My insurance expired and the provider didn’t tell me. Is this a defence?
Driving without insurance is an absolute offense, which means that if there’s no insurance and the vehicle is driven, the offense has been committed. It’s the responsibility of the driver to comply with the Road Traffic Act by ensuring they’re insured to drive a particular vehicle. However, where it’s clear the driver has acted reasonably and did not know they were not insured there may be special reasons to avoid penalty points.
I was in a friend’s car and thought my policy covered me to drive other people’s cars. Have I still committed the offence?
Yes, as you should make sure that your insurance is adequate before getting behind the wheel. The owner of the vehicle is also guilty by letting you, an uninsured driver, use the vehicle. Comprehensive cover isn’t necessarily enough. If in doubt, call your provider.
I let my friend drive my car because I thought they were insured, but they weren’t.
You’re guilty of letting your car be used by an uninsured driver and you could get six to eight points. You may have grounds to reduce the number of points if you can say your friend showed you what appeared to be a valid insurance document. The police will also be required to prove that you gave your permission and did not do so subject to your friend arranging adequate insurance.
I was stopped for driving without insurance and the police have impounded my car – is this legal?
In a word, yes. The police can check your insurance at the roadside and if you can’t prove you’re insured, they can take your car off the road, impound it and bill you for the transportation and storage. If you don’t reclaim your vehicle within 14 days (with evidence of valid insurance) they can scrap it.
I’ve been summonsed for driving without insurance and failing to produce an insurance document. Isn’t this the same offence?
They’re two offences – you must be insured and be able to prove it. If you don’t have the documents to hand, the police give you seven days to produce the certificate at your local police station. If you don’t do this within seven days, you’ve committed a separate offence for which a fine could be imposed. It’s a good idea to carry your documents in your car at all times.
I was driving as part of my job and my employer led me to believe I was insured – is this a defence?
It is a defence if you were driving in the course of your employment, did not own or hire the vehicle concerned and had no cause to believe the vehicle was not insured. If the Magistrates accept this was the case, no conviction should follow.
I’ve been summonsed for driving without insurance but I can prove I had insurance at the time. Can I still be convicted?
You need to send your certificate to the police before your hearing. Most likely, your driving without insurance charge will be dropped. However, the CPS can still go ahead with your failure to produce proof of insurance.
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