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The "Absolute" Offence: Fighting a driving without insurance Charge (Section 143) in the Surveillance Age of 2026In the hierarchy of motoring offences, driving without insurance (contrary to Section 143 of the Road Traffic Act 1988) occupies a unique and dangerous position. It is known in law as a "strict liability" offence. This means that your intent is irrelevant to the verdict. The court does not need to prove that you intended to drive without insurance, or even that you...0 Commentarios 0 Acciones 238 Views 0 Vista previa
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The "Strict Liability" Trap: Defending the Indefensible Charge of Driving Without InsuranceDriving Without Insurance (Section 143 RTA 1988) is a "strict liability" offence. This means your intent does not matter. The court does not care if you thought you were insured. It does not care if it was an honest mistake. If you were driving a vehicle on a road and no valid policy was in force, you are guilty. The penalty is severe: 6 to 8 penalty points and a fine. For many...0 Commentarios 0 Acciones 102 Views 0 Vista previa
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When 'I Didn't Know' Isn't a Defence: The 'Special Reasons' Argument for Driving Without InsuranceIt is a scenario that can happen to even the most careful of drivers. You are pulled over for a routine check, and to your genuine horror, the police officer informs you that your insurance policy has lapsed or been cancelled. Your immediate, honest reaction is, "But I had no idea! I thought I was insured." In the eyes of the law, however, this heartfelt plea is not a valid defence. The offence...0 Commentarios 0 Acciones 627 Views 0 Vista previa
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The Anatomy of a "Special Reasons" Argument: A Legal Deep DiveWhen facing a charge of driving without insurance, and a technical defence isn't available, the primary goal shifts to avoiding the significant penalty points (6-8) that usually accompany a conviction. The only legal mechanism to achieve this, after pleading guilty, is the complex and highly specific "special reasons" argument. Successfully persuading a court not to endorse points requires far...0 Commentarios 0 Acciones 415 Views 0 Vista previa