Driving Uninsured

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  Speeding
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.  It is our job to closely examine any evidence that the prosecution intend to rely on to prove you were committing the offence.  If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction.
 
  Drink Driving
In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly.  Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police when carrying out the investigation.  The courts have held that any failure by a police officer to adhere to strict procedures when obtaining samples can be fatal to a prosecution for drink driving
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Dangerous Driving
The definition of the offence of dangerous driving is wide because it is not just relation to motor vehicles but any mechanically propelled vehicles, furthermore it can take place in any place to which the public has access, not just public roads.
Never forget, the burden of proving dangerous driving rests squarely on he shoulders of the prosecution, not the defendant.  It is our job to expertly and carefully examine and exploit any failing or loophole in the prosecution case or law to secure an acquittal.

 
 

Proving Who the Driver is
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.

 
     

Driving Uninsured

Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better.
Do not be tempted to forget about it and hope it will go away, It Won't!!!

DRIVING WITHOUT INSURANCE
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.

DEFENCES
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.

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.

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.

Click on the links below or in the side boxes to see full details and how we can help you
 
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Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, Contact us now!!

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  Careless Driving
This motoring 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 offence can take place not only on public roads but any other place to which the public has access.  As dedicated defence 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.

 
  Driving Without Insurance
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.
 
 

Failure To Stop After an Accident
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.

 
  Avoid a Driving Ban

Therefore even if you are convicted of an offence or there is no viable defence to it, we believe as expert traffic lawyers that we can help you.

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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