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Driving- no Insurance cover

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chrism1961 | 23:56 Wed 10th Jun 2009 | Law
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18 yr old son has fully comp insurance on own car.
His friend was unwell, and son drove friend's car, believing he was covered on own insurance.
Stopped by police, policy does not allow him to drive any other car - so he is to be summonsed.
Obviously guilty in law, but is there any likelihood of mitigation?
He has been driving so carefully for his first year, and so gutted to have not realised no cover in this situation.
Should I use a lawyer to see if there is any chance of avoiding a ban? Is 6 points the minimum points expected please? Kids - who'd have them!
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This situation comes up quite frequently on AB. It is the responsibibility of the driver and car owner to make sure the driver has the appropriate cover. I can't see any mitigating circumstances here I'm afraid.
I would have thought a good lawyer (or your son if he's a smooth talker) could soften a judge's heart on this one... first year of driving, no other offences, didn't understand the law, is fully insured and so not trying to evade responsibilities, only doing it to help out a sick friend... definitely worth a try. He's guilty, as you say, but that's when mitigating circumstances come into play. Go for it. And don't give up on him, he sounds like a good citizen!
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Thanks for the replies, appreciated.
I'm wondering if the 6-8 points is mandatory, or if this is something that might be avoided if judge accepts the error that occured?
There is no way out in law, assuming he pleads guilty the mandadory minimum is 6 points, and the licence is automatically revoked, the beak has no choices. Can't see a way out of that. It's a painful lesson, never make assumptions where insurance is concerned.

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