Do i have a case ???(Driving offence)?

Question

I was stopped by the police a couple of mth's ago and it transpired that my always up to date insurance had run out(usual reminder letter never turned up).The police as they do are pursuing the matter and the paperwork has turned up including a court date for if i wish to attend.On reading the policemans statement he clearly states that he stopped me on a certain street,when in actual fact he stopped me in a totally different street and this can be proven by the in car camera on the police car and also witnesses that where in the car i was driving.Would i be right in thinking that i could stand a chance of getting this charge of the no insurance dropped on the grounds i am being charged for an offence in a street i simply wasnt in.I know its a technicality but its fact. If they had got there facts right,i would have to hold my hands up and except whatever the court decided. But why should i if they cant even get the facts of the charge right.

My previous driving record is unblemished, i would just like to keep it that way...

Answer 1

The street is immaterial. They can amend the charge in court when you appear.

The offence, whilst a technical one, is an absolute offence in that you are guilty if the cover isn't in place.

Thousands of defendants claim the renewal never arrived and I'm not aware of one who has "got off". Sorry

Answer 2

Believe it or not, the police do have the right to stop any vehicle they deem suspicious. Even though the street facts are not correct, if your in an insurance state and your insurance expired, he's got you but, if you have a good driving record and renewed your insurance right away since the incident, the judge 90 percent of the time will drop the charges with a warning. I'm not a cop but I have found the courts to be far if you talk to them with respect and don't lose your cool. Have your day in court with the corrected paper work. Good luck.

Answer 3

If you go to the Magistrates court and try to argue that point the court will simply amend the summons/charge and then penalise you via points and fine, i.e. instead of 6 points you'll get 8-9 and instead of £x fine you'll get £X which is obviously more!

Driving whilst uninsured is an offence of strict liability, you are guilty even if you thought you were covered if you do not have such cover against third party risks.

you are better off pleading guilty and entering a plea in mitigation which should not read as an attempt to excuse the offence more as a way of putting the court in the picture!

Answer 4

The best facts you could hope to present involve retroactive reinstatement of the insurance policy. That sometimes happens. And if there was no reminder letter . . .

What kind of an agent do you have? Mine once dropped my household policy for six months (we bought an additional residence) and it was only when I noticed no money going out for premiums that I investigated. The agent knows that he would have been sued successfully if the house had burned down.

My car insurance is paid by automatic premium deductions from my account. And the account has overdraft protection.

In many states (NY comes to mind) cancellation of auto insurance requires formal notification to you and to the DMV.

Answer 5

It wouldnt matter if they stopped you on the Moon; you were driving without insurance which is an offence. Ever heard of a diary, or marking a calendar.? My ex-husbands friend was killed by an uninsured driver; he had a good business and an excellent income, but his killer left his wife and six kids to survive in poverty. If youre old enough to drive a car, you are old enough to be responsible for your behaviour--and your insurance.

Answer 6

make sure you make the court date but get your insurance up to date before you go... then at court be honest and tell the judge you overlooked the renewal but have since corrected the matter, show him your current proof of insurance card and hope he drops the case... many times when you show you've gone and taken care of a problem that the police has brought to your attention they are happy and do not pursue the matter further...

Good luck.

Answer 7

Go to court, bring your proof of insurance and simply plead your case. Your previous clear driving record will speak for you.

Your question doesn't say exactly what your ticket was for, but if it was a "moving violation (speeding)" and the judge wants to charge you, ask to take a defense driving course to keep anything off your record.

Answer 8

I'm not 100% sure, it may depend on the offence but I am constantly reading in the newspaper about driving offences being thrown out of court on a technicality. You need a lawyor.

Answer 9

Try to get off with it and they will just fine you even more. Do the mitigating circumstances bit and hope to keep your licence. Besides, a policeman in uniform is always believed in a magistrates court. Unless, you're rich and he's gay and you can prove it.

Answer 10

I would have thought that if the summons comes with incorrect information on it then it is incorrect and therefore cannot be used....however I expect that the police could amend it and reissue it to you.....the court may feel that although you were right to argue the incorrect details you have wasted some of their time.