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Road Traffic Act section 143, Ayr JP Court, July 2016

Our client was charged with a contravention of the Road Traffic Act section 143 (driving without insurance).

Our client had a full insurance policy for her car. However, unknown to her, her driving licence had been revoked by the DVLA for an alleged failure to surrender it for endorsement after receiving penalty points.

Due to various delays in the police investigation, it was not possible to prosecute our client for driving while revoked due to timebar rules. However, in relation to a prosecution under the Road Traffic Act section 143, a different set of timebar rules apply. The effect of this was that it remained possible to prosecute our client for driving without insurance.

The Crown’s position was that the revocation automatically meant that our client’s insurance policy was void. The Crown had no evidence whatsoever to back up this allegation. The wording of our client’s insurance policy suggested that her insurance would remain valid, notwithstanding the alleged revocation of her driving licence. The Crown could have brought a representative of her insurance company to court but chose not to do so.

Our client was required to give evidence in the case to identify her insurance policy and confirm her position.

At the conclusion of the case, our client was found Not Guilty.