I recently
represented Mr M, who was accused of using a motor vehicle without insurance.
On conviction, Mr M faced between 6 and 8 penalty points for the offence,
together with a financial order.
One
additional factor was that Mr M had only obtained his full driving entitlements
approximately 12 months ago. In the event that even the minimum 6 penalty
points were imposed for using a vehicle without insurance, Mr M faced
revocation of his licence under the Newly Qualified Driver provisions.
We argued
that although the offence had been committed, ‘special reasons’ existed. See http://www.m23law.com/?q=Special.
The nature of Mr M’s special reasons argument was that he had been misled into
believing that he was insured to use the vehicle at the time and date in
question. Various documents were produced in support of Mr M’s argument and a
witness was called to give live evidence at the hearing.
The
magistrates found special reasons. The case was disposed of with an absolute
discharge. Mr M’s driving licence was returned to him, without endorsement.
There was no order for him to contribute towards prosecution costs.
As no
penalty points were imposed, Mr M did not have his licence revoked under the
Newly Qualified Driver provisions. He was not required to retake his test.
When
offered a fixed penalty for an alleged offence, it can often appear that
accepting the same is the only option. As demonstrated from the above, it can
be very advantageous to seek legal advice from a specialist firm before
deciding whether or not to accept a fixed penalty.
In Your Defence.
M23Law are experienced motoring offence
solicitors, defending the whole range of road traffic offences including
speeding, drink driving, driving without due care and attention, careless
driving.
Visit our website www.m23law.co
or call us now 0844 2640 999.
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