Received a Single Justice Procedure notice - driving with no insurance

[AriaB]

Hi all

 

I'm wondering if anyone can help regarding a Single Justice Procedure Notice regarding driving without insurance.

 

I was stopped by the police for having no insurance which they had checked on their database. I have not had insurance for a while as I cannot afford it. I have done my best to drive my car very sparingly, infact have only driven a couple of times.

 

To summarise, my vehicle was impounded and has been scrapped. I received the SJN and have plead guilty within the deadline of 21 days. I did not write anything in terms of mitigation as I feared it might be used against me. I filed my statement of means, which are very small as I work only part time (I am a student).

 

I have a previous MS90 which I got by accident as I never received the SPN for very mild speeding but this charge is now spent. Will this affect the outcome?

 

I am wondering what the likely size of the fine will be? And wether there will be any other consequences such as a driving ban?

 

Thank you in advance for your help.

[honeybee13]

Hello and welcome to CAG.

 

Other people should be along to comment because I'm not well versed in motoring offences.

 

But if you want to know the likely consequences check out the magistrates' guidelines which you can find online. I think your problem could be that you knowingly drove without insurance unless I've misunderstood.

 

HB

[honeybee13]

Apologies, I'll remove the link. Have a search for magistrates' guidelines uk no insurance.

 

HB

[AriaB]

Thank you HB

[honeybee13]

If the search isn't going well, I probably should have said mags' sentencing guidelines.

 

HB

[AriaB]

So I found the guidelines and they categorize based on culpability and damage caused. Based on high culpability and no damage plus other alleviating or aggravating factors I should be looking at 200-300% of my weekly wage.

 

Thing is, I am finding this hard to believe as that would not be very much. In fact it would amount to a similar amount, slightly greater amount to the standard FPN (i.e. £300). Does this seem reasonanle?

 

Also am I likely to get a driving ban?

[honeybee13]

Hi.

 

I don't know the answer, sorry. We need someone like man in the middle to look in.

 

HB

[sgtbush]

When was your MS90 Failure to give information as to identity of driver.

This carries 6points and stays on your licence for 4 years from date of conviction.

 

Penalties for uninsured drivers:

 

The police could give you a fixed penalty of £300 and 6 penalty points if you’re caught driving a vehicle you’re not insured to drive.

 

If the case goes to court you could get:

•an unlimited fine

•disqualified from driving

 

The police also have the power to seize, and in some cases, destroy the vehicle that’s being driven uninsured.

[silverfox1961]

What I am about to say, you won't like at all.

 

Driving without insurance has wider implications than just using it sparingly. Your actions cause others to pay higher premiums. If you can't afford insurance/tax then you can't afford a car. If you had been in a crash whether or not your fault, you would have caused wider problems for yourself mainly that your car should never have been there in the first place. No car= no crash! Also, having no insurance would mean no tax either. Did the car at least have a valid MOT?

 

As for 'very mild speeding'. There is no such thing. You were caught speeding. Speed limits are there for a reason even if they are not completely obvious.

 

I would advise that you stop trying to minimise your actions; you have no excuse. Take whatever is given in fines and/or ban. Learn from your poor choices and don't do it again.

[Man in the middle]

If you have received a Single Justice Procedure Notice you will not be offered a Fixed Penalty.

 

If you examine the sentencing guidelines you will see that your offence probably falls into Category Two.

You demonstrated higher culpability by driving without insurance for a prolonged period.

 

The likely fine is one of a week and a half’s net income (reduced by a third if you plead guilty) and almost certainly receive six points.

If your income is less that £120pw that is the assumed minimum income that will be used to calculate the fine.

You will also pay £85 costs and a Victim Surcharge of 10% of the fine (minimum £30).

 

You say your “Failing to provide driver’s details” offence is “spent”.

Presumably you mean the offence occurred more than three years prior to this one.

If so that is fine, if not you will face a ban under “totting up”.

 

However, as has been mentioned, your approach to the legalities of driving is somewhat cavalier.

Insurance is not an optional extra that you buy if you can afford it.

 

Plainly and simply if you cannot afford to insure your vehicle, you cannot afford to drive.

You were wise to provide no mitigation because to put it bluntly, you don’t have any and if you tried to lessen the seriousness of the offence by suggesting you only drove "sparingly" because of your lack of cover, it would not cut much ice.

Edited February 20, 2019 by dx100uk
spacing