Slater and Gordon Lawyers can advise you 24 hours 7 days a week and provide legal representation for a driving without insurance offence or a driving using a mobile phone offence anywhere in England & Wales. Our UK contact centre is open 24 hours 365 days a year.
Driving Without Insurance Offence
It is an Absolute Offence to drive a motor vehicle without having valid insurance. The term 'Absolute Offence' means that there is no excuse. Put simply, if you are found to be driving a vehicle without insurance, you are guilty.
Furthermore, the sentence to be imposed once you are convicted is very harsh as the starting point is an automatic endorsement of at least six penalty points and a fine of up to £5,000.
The law states that 'ignorance' is no defence. Therefore even a mistaken belief that you were insured at a particular time would not help your case in Court.
Insurance Companies are often the cause of driving without insurance offences as they can cancel policies without properly informing their customers. Or, after an incident, it may come to light that incorrect details had been provided to them by their customer (the insured person) and they claim the policy was invalid due to this 'misrepresentation'.
However, it is not true to say that there is no defending these cases. For example, the statute creating the offence provides a special statutory defence for employees only. Other examples include, the computer systems used by the police not being up to date, cases can therefore be started when they should not be. It's often the case that a person is covered by a company policy or another person's insurance policy and the police are unaware of this when they detain or summons the defendant.
It is a fairly unique area of law as it is always for the defendant to prove to the Court that there was in place a valid insurance policy allowing them to drive that vehicle for that specific purpose. This is a reverse burden of proof, i.e. you are not innocent until proven guilty.
Special reasons may exist for driving a vehicle depending on the particular facts of the case and, if successfully argued, the standard six point endorsement (and the fine) could be prevented.
It is also a Driving Offence to permit another person to use your vehicle if they do not have insurance. If convicted you could face the same penalty as if you were driving without insurance.
Driving Using a Mobile Phone Offence
It is illegal to drive a vehicle or to ride a motorcycle using a mobile phone or a similar hand-held device.
The using a mobile phone whilst driving offence infuriates people like no other. We are regularly contacted by people who have been falsely accused, by the Police for using their mobile phone whilst driving. This offence carries a standard six point endorsement and a fine of up to £1,000 and can, in certain circumstances, cause drivers to lose their licence for six months or more.
We have many years of experience in defending driving offences with an unrivalled success rate. We use thorough factual and technical defences and have a detailed knowledge of the relevant law which we use to our clients benefit.
If you have been accused or charged with driving whilst using a mobile phone, an iPad, a Blackberry or another device, call Slater and Gordon Lawyers for a free initial consultation.
Expert legal advice is just one freephone call away.
Call our Driving Offence Solicitors on freephone 0808 175 8000 or contact us online.
Slater and Gordon Lawyers is one of the UK's largest and well known law firms with offices in London, Manchester, Watford, Liverpool, Chester, Birmingham, Sheffield, Cardiff, Edinburgh, Cambridge, Milton Keynes, Preston, Wakefield and Wrexham.