Free Traffic Legal Advice

Live cases legal advice => Speeding and other criminal offences => Topic started by: icedtea on June 03, 2025, 07:27:48 pm

Title: Re: Mistakenly driving without insurance
Post by: andy_foster on June 03, 2025, 08:47:13 pm
Short answer no.

Long answer - the fixed penalty is "fixed" - 6 points, £300 fine - so to explore other possibilities you would need to decline/ignore the offer of fixed penalty - which would result in court proceedings being instigated for the offence.
Technically, upon conviction, the court is required by law to order your licence endorsed with 6-8 points *or* a short ban. However, their guidelines are not to impose a ban in order to circumvent the Road Traffic (New Drivers) Act 1995 - so not going to happen.
Title: Re: Mistakenly driving without insurance
Post by: icedtea on June 03, 2025, 08:35:14 pm
Would it be possible to ask for an alternative to the 6 points? Losing my licence would mean losing my job, whereas if it's possible to receive a temporary ban or something similar there's the chance I can keep it. I understand what I did is not good and I'm not looking to get away with it, just hoping there is the chance to not have to resit both tests.
Title: Re: Mistakenly driving without insurance
Post by: NewJudge on June 03, 2025, 08:05:27 pm
Quote
I am wondering what the best thing to do here is,...

The best thing to do would be to accept the offer of a fixed penalty.

If you passed a driving test for he first time less that two years before the offence the DVLA will revoke your licence. You will be able to apply for a new provisional licence as soon as they notify you of the revocation. You can resume driving as a provisional licence holder as soon as you have it and you will have to pass your test (both parts) again.
Title: Re: Mistakenly driving without insurance
Post by: andy_foster on June 03, 2025, 07:45:03 pm
No insurance, as with most other motoring offences, is a strict liability offence - which means that not realising that you were not insured is not a defence.
Title: Re: Mistakenly driving without insurance
Post by: Southpaw82 on June 03, 2025, 07:29:04 pm
Why would you lose your licence?

Unless you’re insured, you’re bang to rights.
Title: Mistakenly driving without insurance
Post by: icedtea on June 03, 2025, 07:27:48 pm
Hi,
I was pulled over for driving slowly, I was going 20mph in a 30mph as it was late and I'm used to driving in Wales where standard speed limit defaults to 30. I was driving my friends car at the time as my car was in the garage, I am insured on my own car and thought my insurance covered other cars. It does over the age of 25 (I am 21) and for cars loaned to me whilst mine is in the garage, but only when issued from the garage. I had misread this. My friends car is fully insured by him and two days prior he had paid for new insurance which had me as a named driver but that didn't come into effect for another week, but I thought it wasn't vital as I thought I was covered.

I am wondering what the best thing to do here is, it was an honest mistake and I've been driving for just over a year with no issues however would hate to lose my licence getting 6 points for this.

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