Miss Clarke* had been served with a Single Justice Notice for driving without insurance. She was driving her brother’s car and the policy of insurance had lapsed. Our driver did not know this and believed that she was insured. Normally, driving without insurance leads to 6-8 points being imposed on your licence.
Miss Clarke was a new driver, so imposition of penalty points would have required her to retake her driving test.
At Court, she gave evidence to explain the situation and the Court agreed in the circumstances that although she was technically guilty of the offence, the mitigation was so strong that they did not impose any points on her licence and did not impose any fine.
“On this occasion, we argued Special Reasons, and showed the Court that Miss Clarke had been misled into believing she was insured. Special Reasons gives the Court power to avoid endorsing a driver’s licence even if they are guilty of an offence. We provided copies of the original policy and her brother also gave evidence to support her account. The insurance company had also sent renewal documents to an incorrect address so the car owner was not aware that the policy had expired.”