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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70702
Experience:  Over 5 years in practice.
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Traffic law Assistant: Thank you. Can you provide any more

Customer Question

traffic law
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: sure I was pulled by the police for no insurance but i was 100% sure that I was covered so when the officer asked i showed her an e-mail on my phone that i was covered but
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
hi jo i think i just posted my question?
Customer: replied 1 year ago.
basiclly i was pulled by the police and she said i had no insurance but i was sure that i had so i showed her an e-mail on my phone that said a car was covered, this is when i gets complicated,I insure via comparison web sites and sometimes they save they save previous searches and when i went to insure my car i insured my old car. Now my old car and my current are exactly the same except one is white and one is grey and i did it by mistake.i know have a single justice procedure notice should i plead guilty when technically i am but it was a geniuine mistake?
Expert:  Jo C. replied 1 year ago.

Unless were insured to drive this car you should really be pleading guilty.

Expert:  Jo C. replied 1 year ago.

There is no defence in saying that this was a mistake. There is mitigation on that basis and you should argue that special reasons apply not to endorse your licence with points but that is a separate issue.

No insurance is an offence of strict liability. You either were insured or you were not. If you were not then you are guilty.

Expert:  Jo C. replied 1 year ago.

Most road traffic offences are of strict liability.

Expert:  Jo C. replied 1 year ago.

You should always ask them to review the public interest of this prosecution. The reality is that it might come to nothing but you could ask.

I do not think you can really raise special reasons because, come what may, the fault was yours. Special reasons is really designed for people who had no way of knowing they were not insured - eg. the insurance company cancel without telling them.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
i understand that should i go guilty and go to court? and explain would that make it them more lenient if i was to explain?What is public interest of this prosecution?
Expert:  Jo C. replied 1 year ago.

Are they not offering the fixed penalty of 6 points and £200?

Customer: replied 1 year ago.
i cant see anything like that the form simply says pleading guilty or not
Expert:  Jo C. replied 1 year ago.

Ok. That is a summons.

You can plead by post and set out your mitigation.

Expert:  Jo C. replied 1 year ago.

Whether it is better to attend is always a difficult question.

Expert:  Jo C. replied 1 year ago.

I think it is really a matter of whether you have time to attend court. Pleading by post is perfectly fine. You can still mitigate.

I certainly wouldn't attend but that is because I have other things to do.

Expert:  Jo C. replied 1 year ago.

I think generally speaking it is easier to mitigate in person although, of course, there is usually a risk of saying too much but I don't think that is really very likely here.