Driving with No Insurance
A discussion of how to approach a notice of intended prosecution or a charge for driving without insurance.
The offence of driving with no insurance is an example of what is known as a 'strict liability' offence. This means that even if the driver didn't know they were uninsured, they will still be guilty of an offence.
It is a requirement that a vehicle must be insured, unless it has being SORN'd or is on private land. People often think that insurance is only required if a vehicle is being driven, this isn't right.
The consequences can be serious, this can include a financial penalty and between 6 and 8 penalty points.
The starting point is likely to be an offer of a fixed penalty notice of £200 and the imposition of 6 points.
What are the potential defences to explore?
Many insurance policies now have exemptions for certain driving categories, for example the Motor Trade exemption.
We can also put the prosecution to proof on the following in certain circumstances:
- The identity of the driver;
- Whether the vehicle was on a public highway;
- Whether it can be proven that the vehicle had no insurance;
- Whether the driver was covered by their own third party insurance.
What about special reasons?
If you thought you were insured or had been told you were insured, you can argue that there are special reasons not to disqualify. This will ordinarily result in the imposition of an absolute discharge and no penalty points being placed on your licence.
