‘Special Reasons’ in Driving Without Insurance Cases

It can be a shock to be stopped for not being insured. This often happens when the police stop a driver because their numberplate triggers a no insurance status on the police database. Our motoring law solicitors are finding that this type of stop is becoming more frequent because the police have access to numberplate recognition hardware which is cross-referenced with the insurance companies' national database of cars.

A 'driving without insurance' prosecution can follow, as well as a fine, 6-8 penalty points, or even a disqualification. But what if the insurance companies have cancelled a policy by mistake? What if they have not informed the policy holder that the policy is cancelled? Sometimes drivers are at the wheel because a friend or associate has told them they are insured. In these situations the court can sometimes use the principle of 'special reasons' to not punish the motorist. Persuading the court to go down this route is not always easy, and representation is a good idea if the licence is important.

Mary Monson Motoring Solicitors act successfully in several no insurance cases in every month of the year. To help anyone unfairly accused of driving without insurance to understand what the position is we have included some recent case studies below and a brief free guide to the law. If you or a family member need to speak to someone about whether a disqualification is likely, or to speak to one of our specialist solicitors dealing with special reasons in insurance cases, please contact us on freephone 0808 139 4880. We have offices in London, Manchester, Salford & Birmingham and appear in all courts in England and Wales.

‘Special Reasons’ in Driving without Insurance cases - The Law Explained

Driving without insurance is the common term for the offence of 'driving a motor vehicle without a policy of insurance or security against third party risks in force' (section 143 Road Traffic Act 1988). This includes both driving and permitting someone else to drive the vehicle.

A successful application of special reasons in insurance cases allows the court to use its discretion to not impose the mandatory sentence, which is 6 – 8 penalty points or a disqualification. Having said that, the court will need to be satisfied that the special reason is directly connected with the offence, not just the accused person's situation (so 'I will lose my job if I lose my licence is not a special reason). It also needs to be something that the court should to take into consideration when sentencing.

This can mean that, even if someone is technically guilty of driving without insurance, there may be circumstances behind the offence that make the court judge the person as legally blameworthy, but morally innocent.

In such cases, the court may find special reasons for not imposing a penalty. Examples include (but are not necessarily limited to):

• a cancellation of an insurance policy by the insurer without telling the policy holder
• faults attributable to an insurance company that has resulted in no policy being in force
• a person being informed by the owner of a vehicle or policy holder that she can drive the vehicle legally
• a person having a genuine reason to believe he or she is insured, even if the person is not

So, to summarise, a special reason must:

• Relate to the reason the offence took place, and not be about the personal situation of the individual;
• Not amount to a legal defence, but should be a good reason why someone should not receive the mandatory sentence

If you or a family member is currently awaiting a driving without insurance case and need advice about representation and whether a special reasons argument might be applicable, please contact us on 0808 139 4880 and ask to speak with one of the motoring law solicitors in our London, Manchester, Salford or Birmingham Offices. We do not charge for an initial consultation.