My son caught driving someone elses car without third party insurance

[Maddad]

My son, has been summoned to a Magistrates Court for driving without insurance. The offence, as detailed on the summons, occurred on a Saturday, at 11:40am. When he was stopped, it was actually 11:40pm, so they have got this wrong. As with most teenagers, he was still in bed at 11:40am on this day. His mother is adamant the insurance said he was covered for third party if driving someone else's car, when she arranged the cover. She therefore told him he was covered. He came to be driving his friend's car because his pal had a few drinks. They were stopped by the Police because one of his friend's car's headlights was out and the Police flagged him down with a torch. Again proving it was night, and not morning. When he went to the police station to produce his insurance, the duty police officer said that he couldn't see on the certificate, where the third party cover for driving cars other than his own, was detailed. This was a shock. When he was stopped he genuinely thought he was covered on insurance. We've since called the insurance company and they've said that u21's are excluded from third part cover when driving someone else's car, and they've denied they would have said he was covered. We're now kicking ourselves for not thoroughly checking the certificate. We would never knowingly or deliberately have allowed him to drive without insurance. My wife is now horrified at the prospect that she may be responsible for unwittingly getting my son a criminal record. We couldn't bear the thought of his future employment prospects being blighted by a criminal record which he'd gotten in total innocence. This whole thing is a simple, genuine mistake. I always thought the police/cps considered two things; the likelihood of a conviction and is it in the public interest. I thought that discretion should be sensibly employed considering the circumstances. Could he get off on a technicality re: time issue?

[Ethel]

No, he can't get off on the time issue - this is a minor paperwork error.

Your son is the driver with his own insurance. He is an adult and is responsible for himself. As such it was his responsibility to check and understand his own insurance policy.

It is in the public interest to prosecute drivers who are driving without insurance - it is the public who suffer if he has an accident.

There is every possibility of a conviction and there is no discretion on driving without insurance. If he had run somebody down, there would have been no insurance in place to compensate them.

It is common for insurance polices to exclude under 25s from third party any other vehicle cover, so his insurance company is quite generous in restricting it to over 21.

The good news is that a motoring conviction such as this will not blight his future career, his prospects for further education or anything like that.

[MrBen5]

Hmmm, as Ethel says, he will be treat as an adult.
I know you both know in your hearts that he wasnt aware, but the law is law. It doesnt bend the rules for ignorance.
But i suppose some reassuring news to you and him is that he will probably just be given a fine at the most, and maybe 3 points...

[Maddad]

Thanks for your response Ethel. I apologise if I gave the impression of seeming to trivialise the offence. However, it was a genuine mistake, although we should have more thoroughly checked the documentation.

We do have an appointment to see a solicitor to get advice, but from what you say he might be better of pleading guilty but mention the mitigating circumstances, i.e. its his mum's fault - lol.

[Barmaid]

In addition to what Ethel has said I would add that the best suggestion is for him to plead guilty and then put forward what you have said in mitigation to assist him. You could argue "special reasons" for your son not to have his licence endorced. In that case you would have to give evidence to say that you all genuinely thought he was covered, despite what the insurance company say (and in fairness, I have just had a real spat with my grandparents' insurance company about what they say and what the policy actually says).

When he has to be appear in court, you should make sure you are there to give evidence, if necessary. The worst thing he can do is turn up and say "my dad can confirm, but he is not here....".

As for the technicality, forget it. Under s123 Magistrates Courts Act 1980 (I think) the prosecution has a right to amend the summons at any time. The best your son is entitled to is an adjournment, but that is not going to help matters, given that you KNOW it was at night, and not in the morning.

[Ethel]

The penalty for driving without insurance is 6- 8 points on the licence and a fine.

If he passed his driving test less than two years ago he will revert to learner status.