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When i was charged with ‘Drunk in charge of a vehicle’ I didn’t know what to do or who to contact. Fortunately I’ve known one lawyer for a number of years so contacted him immediately. I explained my situation to which he replied immediately ‘ If there’s anyone that can help you its a personal friend Graham Walker’. Obviously at first i was dubious of such a high recommendation so quickly but it soon became apparent it was the right choice. Living on a small island on the west coast of Scotland isn’t practical at the best of times never mind trying to win a court case with your lawyer, the court and residence all in different places. Having said this Graham and his team weren’t phased by the logistics in the slightest and pressed on with the case straight away to a fantastic standard. One of Grahams juniors Simone travelled to the scene of the incident to photograph the scene,interview witnesses and appreciate the logistics of the offence. Simone couldn’t be faulted in any aspect of the investigation. She went through everything with a fine toothed comb and came across genuinely on my side of the argument and determined to get the best outcome possible.Knowledgeable and professional throughout, Simone is a real credit to Graham and Road traffic law as a company. Graham Walker drove 3 hours to get to court for the case not to go on trial and he didn’t bother in the slightest. Again, the main concern was my case and getting the best possible outcome. The second time he made the 3 hour drive the trial went ahead. It was at this time i witnessed him stand in front of the court room and ‘grab the bull by the horns’ so to speak. With his eloquent manner and calm demeanour it wasn’t long before the fiscal and witnesses were on there back feet wondering what to ask next. This was the theme from the outset and subsequently he won the trial with an impressive portfolio of questions and techniques. Graham,Simone and I’m sure the rest of there colleagues at Road Traffic Law are exceptionally well educated in the given department and couldn’t provide a better service. If anyone has been charged with a road traffic offence theres only one company that will give you the service and confidence to win your case and thats road traffic law. Impeccable service form start to finish.
, West Coast Of Scotland

I was recommended by a law firm in London. They said that Roadtrafficlaw were the go-to firm for all road traffic matters. I was very happy that they delivered on their promises. They definitely got the job done! They are very good company and very reliable. I will be recommending their services to other in the same situation.
Road Traffic Lawyers is rated 5/5 based on 63 testimonials.

IN-THE-MEDIA

penalty_points

Driving Without Insurance

Always ask a lawyer if you are unsure about any of the advice and information provided here.

s143. It is an offence to use (or permit to be used) a motor vehicle on a road or public place when there is not in force a relation to the use of the vehicle such a policy of insurance in respect of third party risks as complies with the Road Traffic Act.

Road Traffic Act 1988 s143

Often called “driving without insurance” but the fact is that the Road Traffic Act states to “USE” a vehicle without insurance is an offence. The car may be parked or just sitting in the street and you could be guilty of the offence.

We have defended a case where a private hire taxi company had failed to insure one of their drivers and he was subsequently charged with s143. He had tendered a guilty plea in absence of representation however when we met with him we explained that this is the only exception to the strict liability that this charge attracts. That is as an employee you can assume that your employer has insured the vehicle that he asks you to drive in the course of your work. His guilty plea was withdrawn, the Crown accepted his not guilty plea and he lived to drive another day.

The employer would ultimately be prosecuted in this type of case.

The moral of the story is “Get legal advice from a qualified specialist”

No insurance charges are serious and can attract short periods of disqualification. They always attract a high penalty point tariff.
Upon conviction there can be a fine of up to £5,000, between 6-8 penalty points imposed on the licence and the court can impose discretionary driving ban. In Glasgow we have had a spate of short term driving bans imposed by magistrates who felt that this was entirely appropriate. In this type of offence significant factors for the court to consider are:-

  1. Was it deliberate (It is NOT A DEFENCE to say you didn’t realise, it had expired)
  2. Was it an error on your part
  3. How likely is it that it may occur again

Get a lawyer on board to help persuade the court that a ban is not the way to go. When consulting with your solicitor make sure you can explain WHY you ended up driving without insurance.

What about when I lend my car to a friend or if I let someone test drive the car when selling it? It is our view that you have a responsibility under the Act to examine an insurance document and satisfy yourself that one is in place whenever you let another person drive your vehicle. Sections 165 and 171 of the Road Traffic Act are worth reading to see how onerous the law can be on this matter.

However the prosecution have to prove ”use” to secure a conviction and that the offence took place on a public road or other such public place. Not always as simple as it may sound and it is therefore worthwhile getting a defence team that is fully aware of the latest cases relating to the definitions of “use” and “public place”

The Crown do not need to prove that you knew your insurance had run out. Do defend a driving without insurance charge you need to show you were insured or explain in mitigation of your guilt why you did not have it.

Even if you think you have no defence to this charge seek legal advice before answering the copy complaint. It is too serious and complex an area to blunder in without a considered view.

Graham Walker

Graham Walker

Road Traffic Lawyer at RoadTrafficLaw.com
Road Traffic Lawyer: Graham Walker LLb,DipLP,NP

30 Years practising as a Criminal lawyer in Scotland. Specialising in road traffic law. Whatever the road traffic law problem is we are sure that we can help you. It may be about speed cameras, Speeding fines, penalty points. Call 0800 612 9597.
Graham Walker
Graham Walker
Graham Walker
Graham Walker

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