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Driving without insurance (but unaware)
Basically my policy for my insurance lapsed at newal and I as totally unaware of this (not the standard trying to get out of paying insurance thing). At the time I was sitting exams and a few resits at university (away from home).
I got stopped by the police as they saw me come out of a pub and they followed me for a bit. Not knowing the road system I wasnt exactly driving well so was stopped and breathised (found clean as I dont drink and drive) but they said that my car was showing that it didnt have insurance and I was given a caution and asked to display my insurance documents at my local station within 7 days.
Now I have a document from the lapsed policy but it isnt a certificate of insurance (all other documents are fine). Now as soon as I was stopped, the next day I phoned up my insurers to find out what was going on, which is when I found out it had lapsed and I was driving out with no insurance, so I got the car reinsured (but with a different policy (lower premium).
I was wondering what could end up happening. I have all the proof that I have been previously insured ever since I was on the road, except for the last 4 months (policy lapsed in july). All other documents are fine, just the insurance.
I am not trying to wiggle my way out of a fine or punishment as I realise that driving around uninsured is a seriously bad thing to do, but this was very unintentional, it isnt like I dont have the funds to keep my car insured (I can prove that I do). But I was wondering if there is a chance I would get a lesser than max fine. I'm still a student living away from home.
I got stopped by the police as they saw me come out of a pub and they followed me for a bit. Not knowing the road system I wasnt exactly driving well so was stopped and breathised (found clean as I dont drink and drive) but they said that my car was showing that it didnt have insurance and I was given a caution and asked to display my insurance documents at my local station within 7 days.
Now I have a document from the lapsed policy but it isnt a certificate of insurance (all other documents are fine). Now as soon as I was stopped, the next day I phoned up my insurers to find out what was going on, which is when I found out it had lapsed and I was driving out with no insurance, so I got the car reinsured (but with a different policy (lower premium).
I was wondering what could end up happening. I have all the proof that I have been previously insured ever since I was on the road, except for the last 4 months (policy lapsed in july). All other documents are fine, just the insurance.
I am not trying to wiggle my way out of a fine or punishment as I realise that driving around uninsured is a seriously bad thing to do, but this was very unintentional, it isnt like I dont have the funds to keep my car insured (I can prove that I do). But I was wondering if there is a chance I would get a lesser than max fine. I'm still a student living away from home.
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I wouldn't imagine you'd get the maximum fine.
There's little point in applying the maximum fine on a first time offender as that leaves nowhere to go for really bad cases and persistant offenders.
However you only need to do a quick search on some of these categories to see that this has been asked a number of times recently and you're far from unusual. Consequently the courts are not generally very sympathetic and the intentional or unintentional nature is pretty much irrelevant. 4 months is actually a pretty long time to forget your insurance for!
Learn from this! Being responsible for an accident whilst uninsured is not a situation you want to experience!
why do you come on here and ask these silly questions .what if everyone FORGOT you just dont forget these things.my daughter was in accident this week through no fault of hers the driver just came from his side of road up side of my daughters car and her 3 year old son in it.LUCKY THE DRIVER HAD INSURANCE as my daughters car is a right off and luckily she was just shaken up So if you hit someone and you dont have insurance what are you going to do.you cant bring a life back so think on.
Okay so it's silly to ask what I should expect as a punishment or do you just have some lingering issues and feel you have to blast em out on here? I realise what happened was my fault and yes I know what would have happened if I hit someone, I do know that, I dont need someone like you trying to give me some kind of lecture about it.
I admit I'm wrong, I'm not asking if I'll get off with a slap on the wrist as I know that isnt the case. Ever since I was 16 and riding a ped, I've had insurance. Ever since I had my bike, I've always had an MOT, same goes for my car. The fact that all the documents that came through was at my mothers house, while I was 300 miles away and sitting exams, which I know ISNT an excuse. And as for "Forgetting"... I didnt "Forget" I didnt "KNOW" otherwise I would have sorted it out. I'm not one of those scum who tries to get out paying
So whats so silly about my question? I think your answer is more silly and maybe you should read all of it before judging...
HAHAHA I've admitted it all the way through! My first post, and second OH and third. It's right there, want a quote? Okay "Ah it's cool, I realise I did wrong by not checking it.."
Another? Okay: "I admit I'm wrong, I'm not asking if I'll get off with a slap on the wrist as I know that isnt the case. "
Thank you for your outright stupidity, if you'd like me to point out anything else that is blatently obvious, please leave a message after the beep...
wendilla I can imagine you grief....But do you really think cube2135 would put all that in a thread for a laugh?
cube2135.....I used to work in the Law and drove around for 6 weeks with no MOT as I forgot that (i'd of course lost my job should I have been stopped) so it DOES happen.
Basically the British Law lacks in places, this being One of them....90% of those who knowingly drive with no Tax/MOT/insurance do it as they know the 'punishment' is less than they would have had to pay to be legal (though thankfully this is slowly changing).
So don't lose sleep!
Although I have strong views on this topic (!) perhaps I can address the question without offering any subjective remarks, cube.
The magistrates’ guidelines for No Insurance suggest that they should apply between 6 and 8 penalty points and either a discharge (which would usually be a conditional discharge) or a fine of one week’s net income. They may, instead of awarding the points, impose an immediate disqualification. These guidelines apply to a first-time offender where there are no significant aggravation or mitigating circumstances.
You may like to offer, in mitigation, the fact that you had previously been insured, though in my view the gap between the offence and the expiry of your last policy is too long for the offence to be to be considered as forgetfulness. This would only apply where the gap is a few days.
Assuming that this is your first offence the likelihood is that you will receive six points and a small fine. A ban is unlikely.
My advice (for what it’s worth) would be to plead guilty (the fine will be reduced by approximately one third if you do, but the points will not). Make a full and honest disclosure of your finances (you have to do this by law). For their part, the magistrates are bound by law to consider your financial circumstances when sentencing. If you can, attend court to enter your plea rather than do so by post. The magistrates always seem to give a little credit for those who bother to turn up.
One final point, though I don’t know if it applies to you. If you passed your test less than two years ago, and you are awarded six points, you will revert to provisional licence status and have to re-take your test.
The magistrates’ guidelines for No Insurance suggest that they should apply between 6 and 8 penalty points and either a discharge (which would usually be a conditional discharge) or a fine of one week’s net income. They may, instead of awarding the points, impose an immediate disqualification. These guidelines apply to a first-time offender where there are no significant aggravation or mitigating circumstances.
You may like to offer, in mitigation, the fact that you had previously been insured, though in my view the gap between the offence and the expiry of your last policy is too long for the offence to be to be considered as forgetfulness. This would only apply where the gap is a few days.
Assuming that this is your first offence the likelihood is that you will receive six points and a small fine. A ban is unlikely.
My advice (for what it’s worth) would be to plead guilty (the fine will be reduced by approximately one third if you do, but the points will not). Make a full and honest disclosure of your finances (you have to do this by law). For their part, the magistrates are bound by law to consider your financial circumstances when sentencing. If you can, attend court to enter your plea rather than do so by post. The magistrates always seem to give a little credit for those who bother to turn up.
One final point, though I don’t know if it applies to you. If you passed your test less than two years ago, and you are awarded six points, you will revert to provisional licence status and have to re-take your test.
