In this “Quick Guide” we will take you through the law, the sentencing and the defence for the offence of Driving without Insurance in England & Wales.
The offence of Driving Without Insurance (No Insurance) is contained within Section 143 of the Road Traffic Act 1988.
A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person a policy of insurance.
It is important to note that the person driving the vehicle must have the correct type of insurance at the time of driving the motor vehicle. If you have motor insurance which only covers use for Social Domestic and Pleasure (SDP) and you are travelling to work, or are conducting a business-related journey, you will be committing this offence.
If you have been charged with this offence, you should check whether you had an active policy at the time of the journey, if you did you should speak with your insurance company to establish the type of policy you have and what it covers, as each policy of insurance is different.
What are the penalties for Driving Without Insurance?
If you have committed this offence, the lowest number of Penalty Points the Court can impose is 6.
The Court can:
- Impose 6 to 8 Penalty Points
- Disqualify you from driving for up to 12 months
Sentencing Guidelines for Driving Without Insurance
Level of Seriousness
Starting Point
Range
Disqualification / Points
OR
8 points
When will I require legal representation?
You would benefit from legal advice and representation if:
- You are unsure whether you were insured at the time
- If you were insured at the time
- If you drove the vehicle because of an emergency situation
- If you had a reasonable and honest belief that you were insured at the time
- If you already have 6 or more penalty points on your driving licence, because a further 6 points will activate a ‘Totting-Up’ Driving Ban
- If you are required to attend Court for a Disqualification Hearing
- If your employer was responsible for insuring the vehicle
Things our solicitors look out for in Driving Without Insurance cases
- The strength of the Prosecution evidence
- Whether the Prosecution have evidence that you were driving at the time
- The type of insurance you have / had at the time
- Whether you have a viable defence
- Whether you have a viable Special Reasons Argument
- Whether you are at risk of receiving a Totting Up Driving Ban
- Whether an Exceptional Hardship Application needs to be prepared
Do you require a solicitor for Driving Without Insurance?
If you have just read our quick guide to Driving without Insurance then you should have an idea by now whether you require legal representation for this offence. If you feel you do require legal advice and representation please not hesitate to contact us by calling 0345 222 9955 or by filling out our contact form.
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