Driving Without Insurance | Motoring Solicitor

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Driving Without Insurance | Motoring Solicitor

Have you been caught driving without insurance? We can help. Our solicitors have over 25 years experience in successfully handling cases like yours. Contact us on 0800 195 6567 if you would like a free initial consultation to discuss your case. Alternatively, you can fill out our online contact form and we'll get back to you as soon as possible! 

Remember, if any potential driving without insurance prosecution is to be defended successfully, it's important that work begins on your defence as soon as possible. Do not be tempted to forget about it and hope it will go away, it won't. 

Upon conviction there can be a fine of up to £5,000, 6-8 penalty points imposed on the licence and the court can impose discretionary driving ban. Correct representation on your behalf in court can have a real difference as to any penalty that may be imposed by the court for Driving Without Insurance.

Driving Without Insurance Offence

It is an offence to use (or permit to be used) a motor vehicle on a road or public place when there is not in force a relation to the use of the vehicle such a policy of insurance in respect of third party risks as complies with the Road Traffic Act. (Road Traffic Act 1988 s143 (C2)

This is an offence which has been created with a deliberately wide definition and if you face prosecution for no insurance you should contact us immediately.

You should note that to be guilty of having no insurance you do not have to drive the vehicle because the Road Traffic Act says ‘use’ a vehicle. This therefore could include parked or stationary vehicles or cars left for repair if on a road or public place.

In no insurance cases there are often legal arguments as to what constitutes a motor vehicle. These have related to motorised childrens scooters or skateboards etc.  should it be necessary following a thorough examination of the facts of your case, we would mount such legal argument as we felt appropriate having fully discussed the case with you.

Allegations of no insurance often occur when an employee is driving a company car. The employer may be prosecuted for no insurance if the vehicle driven by the employee is not insured. The employer or employee should contact us immediately in this scenario because he is regarded as having control, management or operation of the vehicle and is regarded as ‘using’ it for the purpose of a no insurance prosecution.

This may not however be the case where a person has leant a motor vehicle to a third party who turns out to have no insurance. We would consider arguing that the owner of the vehicle was not guilty of having no insurance because he no longer had control and so was not ‘using’ the vehicle.  If this situation applies to you, please call us immediately to discuss the situation.

Not only do the prosecution have to prove ‘use’ to secure a conviction for no insurance, but also that the offence took place on a public road or other such public place. This may be something that has to be looked into by us. Don’t always assume that a vehicle in the open is in such a place. This should be investigated and may prevent a conviction for no insurance. This is a specific legal area and to submit successful legal argument requires knowledge of the case law. We have this and will use it on your behalf.

Contact us today for your Free Initial Consultation on 0800 195 6567

Driving Without Insurance Defence

To mount a successful defence to a prosecution for no insurance requires specialist legal advice because it is an absolute offence and it is no defence to show that the defendant had no knowledge as to the lack of insurance. This does not however extend to employees driving employers motor vehicles. If you are such a person facing a no insurance prosecution, you should contact us because there are circumstances where you may have a defence in law.

Driving Without Insurance Special Reasons

Even if you think you may have no defence to an allegation of no insurance you should still contact us to help you. We may be able to persuade the court not to impose a driving ban or penalty points if your circumstances amount to ‘special reasons.’

An example of this could be where the insurance company have cancelled an insurance policy but the notification never reached the driver. There is case law which lays claim what can and cannot amount to a special reason for non imposition of penalty points or a driving ban.  You should contact us to discuss this situation further.

If you are prosecuted for no insurance this will be heard in the Magistrates Court. Once the prosecution have proved the basic elements of the offence of driving with no insurance, it is up to the defendant  to establish that he was driving with no insurance.

Driving Without Insurance Penalty

Upon conviction there can be a fine of up to £5,000, between 6-8 penalty points imposed on the licence and the court can impose discretionary driving ban. In any offence of no insurance the main factor in the courts mind will be if the offence was committed deliberately or without knowledge. Correct representation on your behalf in court can have a real difference as to any penalty that may be imposed by the court for no insurance. Call us.

Contact us about Driving Without Insurance

Contact our expert solicitors today regarding your Driving Without Insurance case. Call us direct on 0800 195 6567 or fill out our confidential online enquiry form with the details of your case and we’ll get back to you.

 

FAQ - What will be the cost of my representation at Court?

At Trafficlawyer4u Solicitors, we deal with every case for a fixed fee. The fee quoted will be guaranteed not to change.

The fee will cover every aspect of the case including advice, preparation and representation at Court.  There are no hidden extras and the fee will not rise.  You will be advised of the fee at the start of the case so you know exactly what the case will cost you. Contact us today.


Services

Services

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Careless Driving

The careless driving offence actually has a very wide definition.  The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access.  As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

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Drink Driving Lawyer

Robert Bimpson is widely acknowledged to be an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case.

Our success rate in either avoiding or greatly reducing a driving ban is huge.

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Driving Bans

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person.  We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.
In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

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Failing to Identify Driver

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations.  If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately.  We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.
Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle.  There are, and success may well depend upon the speed with which you act when you are prosecuted.  Contact us immediately.

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Failure to Stop

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
 
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.
 
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Refusing Roadside Breath Test

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’  Such an offence can cover several situations where a person has not cooperated with a preliminary test, but usually relate to a defendant being physically or mentally incapable of providing it or to so would entail a substantial risk to his health.  The inability to cooperate with a preliminary test, if caused by drink or drugs will not be a defence. If you face prosecution for this traffic offence you need a specialist drink drive lawyer to best represent your interests.

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Speeding Ticket

Do not assume that photographic or police evidence cannot be challenged. It can. If you believe that any evidence is wrong, you should contact us immediately.  To secure a conviction, the court has to be sure as to the accuracy of any evidence, that you were speeding. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

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Using a Mobile Phone Whilst Driving

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

 

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Hit and Run Law UK

In a prosecution for failure to stop we advise that you contact us immediately.  There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.
It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours. 
As with lot of road traffic offences, failing to stop is widely defined.  It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle.  The definition of ‘accident’ tends to be regarded in a common sense way.  Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

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Why Choose Us?

  • Free initial consultation with a solicitor. You will only ever be advised by a solicitor or barrister.

  • No hidden fees or increased costs. Cost is agreed in advance and will not change.

  • Expert traffic solicitor with over 20 years experience defending the motorist in England and Wales.

  • High success rate. We can get the best possible outcome for you.

 
 
Contact Us

Traffic Lawyer 4 U Limited
60-66 Wellington Road,
Ashton-Under-Lyne,
Tameside,
OL6 6DE

Tel: 0800 195 6567
Email: click here to email us