[trekker2]

I was asked by a neighbor to drive her to a shop to get a vape one night , as she had had too much to drink and didn't want to drive (obviously). My car had failed it's MOT that day so I told her I couldn't drive it until it got fixed and passed the MOT again. She said I could drive her car as I was fully comp on my insurance. whilst returning from the shop. We were pulled over by the police. It was when the policeman then said that the car was not insured that my heart sank. I was totally unaware of this, as I would never have set foot in it, let alone driven it .
Today a single justice procedure notice came through the door for me. I honestly don't know what to do. Do i plead Guilty and explain the above circumstances, or plead not guilty. I have never been in trouble before and am passe myself with worry.

[TC1474]

Sorry, but strict liability means that you have no defence even in mitigation.

Even though you might have insurance that allows you to drive any other vehicle not belonging to you, the third party vehicle (in this case your neighbours car) also has to have a minimum of road traffic act or third party cover.

If your neighbour had no insurance, regardless of what your policy states, you are guilty of driving without insurance if you then drive it yourself.

So like I said, strict liability applies, even if you attempted a not guilty plea on the grounds of what you have stated here, you will still be found guilty.

I hate to say this, but you need to bite the bullet and accept that you got it wrong. You could always explain to the court either in person or in writing your mitigation for driving when you did which may reduce the penalty, but as is often said, ignorance of the law is no excuse.

Sorry!

[Beelzebub]

@trekker2
As above.

To avoid any future problems, have you checked your policy and certificate? Driving Other Cars (DOC) cover is not automatic on comprehensive policies these days, and if it is provided there are normally conditions.

Also, is there any reason why you were not offered a fixed penalty? If you were not, you could ask the court to sentence you at that level (no guarantee, but no harm in asking).

Finally, has your neighbour been charged (uninsured car, and/or causing or permitting you to drive?

[Rolebama]

As others have stated, driving with no insurance is an absolute - either you were insured or you weren't. Explain your mitigating circumstance and remember that the Magistrates are human, they understand the difference between flouting the law, and making a genuine mistake.

[NMNeil]

As others have said, tell the judge "She was too drunk to drive, I wanted to help, she assured me she had insurance, she lied, so I'm guilty of believing her and driving without insurance"
Don't waste the courts time and don't complicate the issue with excuses, because whatever the excuse, they've already heard it many times before.


"

[onestitchloose]

Argh nightmare... but yea my insurance specifically says that I can drive other cars as long as they are insured with a valid MOT. Does feel like they should hear your case though and not deal with it too heavy handed.