Guide to Drink Driving Without Insurance

Guide to Drink Driving Without Insurance

Driving without Insurance

It is a criminal offence to drive on a public road without having at least third-party insurance in place covering a driver’s use of that vehicle. If you are found guilty of driving without insurance, the minimum points you will receive on your licence is 6 as well as a £300 fixed penalty fine, or, depending on the seriousness of the offence or previous offences, you may be disqualified from driving for up to 12 months and subject to an unlimited fine (based on your income). Driving without valid insurance is a “absolute” offence which means that the mindset/intention of the driver at the time of the driving is irrelevant – if there is no valid insurance in place and the vehicle is used on a road or ‘public place’ then an offence will have been committed. It will then be up to the driver to argue against the Prosecution’s case with a defence and supporting evidence.

Defences to a charge of driving without insurance can be:

  • Using a vehicle without insurance on private land (not on a road or public place);
  • The vehicle did not belong to the driver and was not in the driver’s possession under a contract of hiring or of loan;
  • Using a vehicle in the course of the driver’s employment;
  • or The driver neither knowing nor having reason to believe there was no valid insurance in place.

It is not a defence, only what is called mitigation, for the driver to rely on their insurer “renewing” the policy even if the policy was on “auto-renewal”. It is still up to the driver to check that they have valid insurance in place at the time of driving the vehicle.

Get in touch

If you’ve been charged with driving with no insurance and you believe that you had valid insurance in place at the time of the offence, or you were led to believe this, contact one of our Motoring Solicitors today on 01484 519 999 or email for a free consultation over the telephone on how we can help you.