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Driving Without Insurance


Driving without insurance
is a criminal offence.

Insurance PointsMost people get caught out by some administrative error: often an insurance company will cancel a policy because of a problem with monthly payments or because they did not receive proof of a no-claims bonus.  In other cases, there is confusion over the precise terms of an insurance policy.

It is also an offence to let someone drive your car knowing they have no insurance. Common examples include employers who require an employee to drive for a work reason, or a friend who allows a passenger to take over the driving when they get tired.  In these circumstances,  the employer and the owner are then prosecuted for “causing or permitting” another person to drive without insurance.

Whatever your situation, we’ll be happy to go through your options and outline any defences you have.   We defend insurance cases on a weekly basis.

Do you need legal advice? Call 01387 640415Insurance

Driving Without Insurance – The Penalties

The penalties for driving  without insurance can be onerous: if convicted you face between 6 to 8 penalty points on your licence. The court can disqualify you if the case is considered serious enough (a “discretionary” disqualification). You will also get a fine for driving without insurance.

Driving Without Insurance – Your Defence

In preparing your defence, a technical examination of your insurance policy is required. Some policies remain valid even if you do not currently hold a valid licence. If you are driving in the course of your employment, there is a defence to driving without insurance if you had no reason to suspect that there was no insurance in place.Even where you face a conviction for driving a car with no insurance, the court has a discretion not to put points on your licence if there are special reasons not to. Your motoring solicitor will assess the circumstances and consider whether such reasons might apply to your case.

Driving without insurance is a charge brought by the prosecutor (the Procurator Fiscal) against a person for driving which took place in Scotland. The charge is brought under section 143 of the Road Traffic Act 1988.

What our clients say

Graeme Rumgay, Justice of the Peace Court :- 

“I would definitely recommend Joe MacPherson for help with a court case. He is very professional and always keeps in touch with up to date information regarding your case.  I was very pleased with outcome of my case which was no points or fine..fantastic lawyer great advice and service…thank you Joe”

Andrew Middleton, Dumfries Sheriff Court :-

A year ago I was charged with having a non-valid driving licence and therefore no insurance cover. I was informed I had not taken an extended driving test from years before. I contacted Joe at Scottish Driving Law, and with his knowledge and with experience of driving law, he not only managed to avoid me a jail sentence, but also retain my provisional licence entitlement and a fine of £300. Joe charged a reasonable set fee and appeared for me on 4 occasions. He even rode to court on his bicycle after his car broke down to represent me personally. Lovely guy, very professional service.  Put your mind at ease and undertake the services of this man.”


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