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Driving without insurance, Dumbarton, 24 April 2018, no points or fine

Our client had been charged with driving without insurance and had previously accepted his Guilt. However after speaking to him we were satisfied that he had a good case for “special reasons”. If there are special reasons in a case like this, the effect is that – although the person is technically guilty of the offence – he receives no further punishment. He does not receive the otherwise mandatory 6-8 points on his driving licence and he may not receive a fine.

In this case, our client had leased a vehicle from a leasing company. The leased vehicle broke down and he obtained a temporary replacement from the leasing company in the meantime. He hoped that the existing insurance policy for the original vehicle could apply to the loaned vehicle but was advised by his insurance company that this would not be the case. Understandably, our client was not too happy about paying two lots of insurance so he contacted the leasing company. He was assured by the company that he could drive the loaned car and would be covered under their policy. Our client then drove in the belief that he was insured and was subsequently stopped by the police.

On perusing all relevant insurance documentation, it was clear that our client was not insured. However we were able to argue that he had an “honest and reasonable” belief that he was insured. The court agreed with our submissions and special reasons were established. No points were placed on our client’s licence and he was simply admonished by the court.

This case was defended by Steven Farmer on 24 April 2018