Driving without insurance

[sdreamer]

My brother-in-law was involved in an accident and as a result it was discovered that he was driving without insurance.

I have seen earlier posts about what the likely fine and penalty points will be but I wanted slightly different advice.

Do the police issue fines and penalty points or do all cases go to the magistrates court? If it goes to court what happens?

He has told us there was a preliminary hearing in court last week but that he was not required to attend. Is this right? I can't understand how there can be a hearing without the "accused" being present.

Thanks in advance for any advice.

PS Before anyone starts.....I am absolutely not defending him - he is bang to rights - whatever his excuses may be - he deserves what he gets. Only consolation is that accident was not his fault and no one was hurt.

[JudgeJ]

At present the offence of No Insurance is not dealt with by way of a fixed penalty � defendants are asked to appear on summons. They do not have to do so, but the case will be heard in their absence if they do not appear.

In the normal sequence of events, the defendant is asked to appear in court on the first date. He should also bring his driving licence (including the paper part if he has a new style �credit-card� type licence). He is asked to enter his plea (guilty or not guilty). If he pleads guilty and provided he has with him his licence, the magistrates will pass sentence there and then. If he does not have his licence the court will want to establish whether he has any previous convictions. They can do this by either adjourning the matter to a later date for enquiries to be made (or for him to produce his licence) or they can ask the defendant to provide evidence of his record on oath.

If he pleads not guilty the matter is adjourned for a �pre-trial review�. This is to establish how much court time it needs, availability of witnesses etc. This is the only time the defendant will be excused attendance and only then if he is represented by a solicitor at the review. (So I do not understand what the �preliminary hearing� is you refer to).

Your b-i-l should plead guilty to this offence as it will reduce his fine. As for likely sentence, the standard sentence for a first offence is a fine of around �150 and a minimum of six penalty points. These penalties could be increased at the discretion of the magistrates if the accident was particularly bad and substantial damage or injury was caused.

[ugly_bob]

6 points minimum?

A friend got done a few years back for no insurance and only got 3 points (there was no accident, just pulled over) and a fine. Turned out to be a clerical error at insurance company, so company paid fine, he still got the points though.

[sdreamer]

Thanks for speedy response JudgeJ. Very helpful.

B-in-law has indicated that intends to plead not guilty (in his own mind he believes he has reasons for no insurance!!!) but I am not aware he has a solicitor.

If he got the summons and just did not turn up would the case would be heard without him? I assume this would go against him re fine and points and he would not have an opportunity to put forward his mitigation? I guess they will write and tell him the result. Are magistrates courts cases published anywhere other than local papers?

I will try and find out more but he is not exactly forthcoming and not always completely honest, hence I am trying to understand what the process is.

Many thanks again

[carfurn]

if he has had his licence less than two years. well no more licence its a six pointer theory test and pratical test

[JudgeJ]

No Insurance is rather like pregnancy. It is what is known as an �absolute� offence. In the same way that you cannot be slightly pregnant, there is no in between with motor insurance, no �slightly did not have insurance". You either have insurance or you do not. Also, the onus is on the driver to ensure that he is covered to drive the vehicle he is driving. The excuse �I thought I was covered� is not acceptable. Therefore, unless your b-i-l can show the Insurance Company made an error (for example by issuing him with documentation which was erroneous) or something of that nature, he has no defence and would be well advised to plead guilty.

If he does not appear in court on the date of the summons the case will go ahead as I described in my earlier answer. He will not have the opportunity to plead guilty (and so not qualify for a reduced fine) or to explain the circumstances. He will be informed in writing of the court�s decision. Magistrates� court decisions are not published anywhere and will not appear in the local paper unless there is a reporter present. A case of No Insurance is unlikely to attract the attention of local hacks.

carfurn has usefully pointed out something which I neglected to mention. Assuming six points are awarded, if your b-i-l has a full driving licence and has held it for less that two years he will revert to provisional status for having accumulated six penalty points within two years of passing his test.

The minimum penalty points for this offence has been six for as long as I can remember (too long) so, ugly_bob, I imagine the magistrates in your friend�s case must have used their discretion because of the very unusual circumstances you described.