If you already have 9 or more points on your licence then you will tot up and the Magistrates will consider disqualifying you from driving for a minimum of 6 months unless there are Special Reasons not to impose the points or a disqualification would cause Exceptional Hardship. If either of these arguments are applicable then we can ask the court not to ban you even if you are convicted of the offence.
If you need your licence then there is a huge amount stake if you are convicted. You need the experts to help you fight the case at every stage! At Just Motor Law we pride ourselves on contesting each case with the greatest tenacity, with the aim of you being found not guilty or coming out with the lightest sentence in all of the circumstances.
What is the employee’s defence?
It is a defence to show that you didn’t own the vehicle; you were using it as an employee in the course of your employment; it was in your possession under a hiring contract or on loan to you and that you didn’t know and had no reason to know that you were not insured to drive the vehicle. If this is the case we can fight this allegation and aim to have you found not guilty or persuade the Crown Prosecution Service to drop the case prior to trial.
What can I do if I am prosecuted for using a vehicle outside the restrictions on my policy?
This is often where the police have alleged that you have used a vehicle for Business purposes on a policy of insurance with a Social and Domestic restriction or vice versa. It can also be where the vehicle is alleged to have been used for business use, but for a business not covered by the policy. We will scrutinise the terms of your policy to check that such restrictions exist in the circumstances that you were using the vehicle.
This can be quite complex, as it is often a fine point in law. If you dispute the allegation then we will advise you in presenting your case and will invite the Magistrates to accept your account of use. In any event the Court must be satisfied of your guilt beyond reasonable doubt for you to be found guilty and we are skilled at persuading the Court not to convict on that basis.
What can we do if you thought you were insured but it turns out that you weren’t covered?
Special Reasons not to put penalty points on your licence or disqualify you from driving, can be found where you have been misled into thinking that you (or in a permitting case, the user of the vehicle) had been properly insured to drive the vehicle. An honest but groundless belief that the particular use was covered by the insurance is not sufficient to find Special Reasons. This is a complex area and we will be able to advise you if it is applicable to your situation.
If you are found guilty of this offence and banned from driving, will it have a significant impact on you and those around you? If so, we can advise you about making an Exceptional Hardship argument with the aim of avoiding disqualification.
Remember if you have been allegedly caught driving without insurance, there is always something that we can do to help and with Just Motor Law you will not face this stressful and complex situation alone.
Unsure what to do? What are you waiting for? Get in touch with the team now for FREE initial advice on your case and how we can help you.