No insurance – Disqualification for driving with no insurance
Driving with no insurance – Court of Appeal Decision makes avoiding disqualification for driving with no insurance more difficult.
Before this recent decision, where a person was charged with driving with no insurance, and that individual had no previous convictions, the Court had a discretion not to impose a mandatory disqualification if the Court was provided with a special reasons why that person should not be disqualified for the offence of driving with no insurance. These special reasons included, among others, i) the effect that a disqualification might have on a person’s employment, ii) their family circumstances or; iii) where there was some sufficiently serious medical reason. Where the Court was satisfied with a special reason put forward in these terms, it would generally avail of its discretion and not impose a disqualification.
However, this recent decision has now made the task of satisfying the Court of an acceptable special reason more difficult in that the decision drew a distinction between what constitutes a “special reason” and merely the circumstances of the accused.
Ultimately, what the Court appears to have implied is that, where a person knowingly drove a vehicle while uninsured, the Court cannot exercise its discretion not to disqualify merely on the basis that a disqualification will have serious personal consequences for the driver.
This judgment is already having serious consequences for uninsured drivers coming before the local District Courts and it is, therefore, vital that legal advice should be sought before appearing before the District Court.
Niall J. Moran Solicitors represents our clients in respect of all District Court matters including road traffic offences including but not limited to:
- Driving with no insurance
- Drink Driving
- Dangerous Driving
- Careless Driving
- Driving without a valid NCT Certificate
- Driving without a licence
- Driving Dangerously Defective Vehicle
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