FAQ
I was having a driving lesson with my boyfriend the week before my driving test. He has held a licence for over 3 years and has fully comprehensive insurance. The Police pulled us over for a routine check and asked me if I had a licence. I told them no and that I was having a lesson before my test. The Police took my details and said I would probably be banned as I had no insurance. I have never been in trouble with police and didn’t know that I could have my licence taken away. What is the likely penalty?
No insurance is normally between 6-8 penalty points, although it does carry a potential instant driving ban. However, if you pass your driving test before this matter is resolved, your licence will immediately be revoked, which is automatic under the terms of the New Drivers Act if you reach 6 or more points within the first 2 years of holding a full licence.
In the circumstances, you are better off retaining a provisional licence until the case is concluded as a provisional licence would not be revoked. If you have passed your test, you may consider that a short ban may be a better option. This would avoid penalty points and as long as the ban is less than 56 days, it would also avoid revocation.
Incidentally, your boyfriend is fortunate to not have been prosecuted for allowing you to use the vehicle without insurance.
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FAQ
I was caught driving without insurance. I was unaware at the time that my bank had cancelled my direct debit because there was not enough money in my account. The insurers did not contact me, nor did the bank. If I had known that the Policy was cancelled, I would never have driven. I have been told that I can present a special reasons defence in Court. Is this true?
Special reasons is not a defence. It is a facility that the Court can use to avoid imposing an endorsement on your driving licence. In order to be successful, the Defendant needs to establish mitigating or extenuating circumstances which whilst not amounting to a defence, are such that when taken into consideration, justify not imposing a punishment. The reason must relate to the Defendant not to the allegation. Forgetting to cover a direct debit would not be regarded as an extenuating circumstance, given that this is within your control and the onus is upon you as a driver to be certain that your insurance is effective before you use your vehicle.
Your best option is to plead mitigation and try to limit the punishment to 6 penalty points.
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FAQ
I was stopped by the Police and I was shocked to find out that I was driving uninsured. Apparently my insurance Policy expired a week ago, but my insurance company failed to inform me. What can I do as this was an innocent mistake on my behalf as I would never knowingly drive with no insurance?
You will be convicted of the offence. There is an absolute requirement for vehicles to be insured and the obligation puts the onus on the driver and keeper of the vehicle. Whilst the error would not have occurred deliberately, the circumstances amount to mitigation, not a defence. The potential punishment are a fine plus 6-8 penalty points or a driving ban.
Whilst you have our sympathy in what is becoming an increasing problem, the difficulty is, although you have been let down by your insurers, that does not negate your obligation.
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