Driving Without Insurance, Edinburgh, 5 April 2018, Special Reasons established
Driving without insurance is a “strict liability” offence. In other words, it does not matter if the accused did not intend to drive without insurance. The mere fact that he does so means he is Guilty of the offence. It is effectively the same as saying someone is guilty of assault by virtue of tripping over and accidently smacking a passer-by in the face. In other words, it makes no logical sense whatsoever but it is the law.
But all is not lost. It is possible, in certain circumstances to persuade the court that there are special reasons not to endorse the accused’s licence nor to impose a fine.
This was one such case. We were able to persuade the court that special reasons existed. No points were put on our client’s licence and he was admonished on the charge.
This case was defended by Steven Farmer at Edinburgh Justice of the Peace Court on 5 April 2018.