You would have been charged with ‘Using a motor vehicle on a road or other public place where there is not in force a policy of insurance or security against third party risks’.
This is an offence which is considered as serious by the Magistrates. Even if your vehicle was sitting outside your house, without an insurance being in force, you may have committed the offence. No insurance is a strict liability offence, which means if you cannot prove that you had an insurance to cover you when you were driving you will be found guilty.
Whilst the prosecution is not under any obligation to prove that you did not have an insurance certificate, it is up to you, the defendant to prove on the balance of probabilities that at the time of the alleged incident, you were insured.
If you are found guilty of driving without insurance, or using the car without any insurance you will be given 6 to 8 points on your driving licence, you may be disqualified for any period and you may also get a fine. In addition to this you will need to pay a victim surcharge and court costs. The fine you will need to pay will be calculated on your finances and of course on the circumstances of the offence.
If you did have an insurance when you drove the vehicle, or you genuinely have reasons to believe that you were covered by an insurance at the time you used the car you may be able to persuade the Magistrates not to give you any points on your licence. We can help you to put forward ‘special reasons’ to persuade the Magistrates to exercise discretion not to impose any penalty points.
If you wish to discuss the circumstances of your case with us, please call us on 0208 577 5491 to speak to one of our motoring offences lawyers.