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Case Study: Permitting Someone To Drive Without Insurance



Case Study: Permitting Someone To Drive Without Insurance


Everyone makes mistakes. 


If I asked you what you were doing on a random date 2 months ago you might struggle to remember exactly unless you keep a very comprehensive diary.


We were recently contacted by a gentleman who had receive a Notice of Intended Prosecution for a speeding matter, not at high speed, and in fact it could have been dealt with by way of a fixed penalty or even a speed awareness course.  However at the time of receipt he, a little overwhelmed by the formality of the paperwork in front of him, and with a linguistic barrier confusing matters further, replied giving the wrong details.


He soon realised his mistake but, unfamiliar with the situation, was unsure what he could do to undo it.  He expected his nominated driver would receive the form and then return it saying they were not the driver and it would come back to him again.


Unfortunately this did not happen.  The police investigated this ‘other driver’ and added a further charge of “Permitting someone to drive without Insurance”.  You see in this case it transpired that due to a technicality his nominated driver was not insured even though they had believed she would have been and had both been driving the vehicle on this basis.


Our client came to us asking for our help. He was quite happy to accept the charge of speeding (3 points) having realised he was in fact the driver at the time, but was very worried about the charge of Permitting Someone to Drive Without Insurance (6-8 points).  It appeared to us that the only evidence the police had of the other driver being the driver was in fact our clients assertion that they were the driver, an assertion he wanted to withdraw.


We liaised with the police on his behalf and the second charge was dropped.  Financial penalties were kept to a minimum and the client did not have to attend court and give evidence – a prospect he found very daunting. A very good result.


If you have a legal matter and need advice give the Forrest Williams Team a call. If you want your case handled by a firm who pride themselves on customer care, who will listen to you, your needs and your views, understanding that it is your case, then trust the Forrest Williams team and give us call on 01623 397200.


Charged With Causing Death By Driving Whilst Uninsured?

Can I Be Charged With Causing Death By Driving Whilst Uninsured?


Imagine the scenario – you’re driving one night with your family. You are a responsible driver who has had a licence for many years without any serious motoring convictions. Your car has a full MOT, you check the tyres regularly and your children’s booster seats are regularly checked for safety and wear and tear.


You are driving within the speed limit, taking care to look out for all potential dangers, exactly as you always do, when all of a sudden out of nowhere a car goes through their red light at a crossing and collides with you.


You stay calm and try to keep your car under control, tell your children everything will be ok. The other vehicle flips and the driver is killed. Tests show that he was heavily under the influence of alcohol and drugs and there are several witnesses who confirm that he was driving dangerously before the collision.


Imagine your surprise, then, when the police arrive and notify you that you were driving without insurance. Your wife immediately gasps at this news and explains that she had forgotten to renew the insurance policy recently. It’s always her job, and she had sent you off to work promising it had been done – she’d actually planned to do it that day and the children had been misbehaving and things had got busy and it had completely slipped her mind. A genuine mistake.


Imagine your horror when the police therefore charge you with causing death by driving whilst uninsured, a serious offence that can be sent to the Crown Court and which can lead to a custodial sentence of up to 2 years being imposed.


A person can be guilty of this charge even where this is absolutely no fault in their own standard of driving. A collision can be entirely the fault of another person, even the deceased.


Defences are available for this offence, the most common being duress of circumstances leading to the decision being made to drive.


If you are being charged with causing death by driving whilst uninsured, it is vital that you seek legal help immediately. Call us now on 01623 397200 for a free initial telephone consultation.

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