driving whilst uninsured (without intention/mens rea)

[mokhans]

i was stopped recently on my way to work and told i was not registered on the insurance on my vehicle. i was temporarily using the vehicle just for the day and my brother told me thath he wud put my name on to the policy for the day and i could drive after 8 am as this is when he would have done it. having being stopped i was told that i neede to produce my documents in seven days. i went to produce my document howveer not realising the policy started at 9.30am and not 8.15 when i got stopped!! i did not realise this and so didnt the receptionist at the police station. 6 months down the line i have now been told to attend court, i was unable to attend so wrote to them and was told that i did have a case for a special circumstnace and it has now been adjourned. - what is the likely punishment. i am 18 years old and have been passed for just over a year.

[Ethel]

6 points and a fine.

You will revert to learner status and have to resit your tests.

[mokhans]

i know i spoke to a soilicitor and he told me thath this is what usually happens if its a clear cut case, however because of the special circumstances in volved they may be more leniant - the courts sent me some correspondence with the following case listed -

�A �special reason� within the exception is one which is special to the
facts of the particular case, that is, special to the facts which constitute the
offence. It is, in other words, a mitigating or extenuating circumstance.
not amounting in law to a defence to the charge, yet directly connected
with the commission of the offence, and one which the court ought
properly to take into consideration when imposing punishment. A
circumstance peculiar to the offender as distinguished from the offence is
not a �special reason� within the exception.�

ive read the above many times and i fulfill the criteria,

what do you think? and thanyou for the reply ethel

[Ethel]

I think the magistrates will believe that you got stopped at 8.15 without insurance. As soon as the police left the scene you telephoned your brother who contacted his insurance to get you put on his insurance.

This was at 9.30, when the policy started.

I think the magistrates will believe you had no intention of being insured until you were stopped, unless you can prove otherwise. They have heard it all before.

There is no mens rea for driving without insurance - it is an absolute offence.

You need your brother to contact his insurance company and ask them to confirm in writing the date and time he telephoned to put you on the insurance policy.

However, as the driver it was your responsibility, and yours alone, to make sure you were insured.

I can't understand why you are asking advice here when you have a solicitor.

[mokhans]

just getting a second opinion really, and yeah i know what you mean but trust me on this one this is 100% genuine!! and i did send additional information with the letter i sent i.e previous insurance cerfificates, present insurance certificates for my own car whioch was in the garage, character references form my tutor, uni letter (going to study law so could do without the criminal record) and also a medical report form my fathers doctor - hes ill basicall and is uanble to drive and i am the only person in the house who can. and as i live in a place like emmerdale, a car is essential!!