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Neil
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The street is immaterial. They can amend the charge in court when you appear.
The offence, whilst a technical one, is an absolute offence in that you are guilty if the cover isn't in place.
Thousands of defendants claim the renewal never arrived and I'm not aware of one who has "got off". Sorry |
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Robert B
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I would have thought that if the summons comes with incorrect information on it then it is incorrect and therefore cannot be used....however I expect that the police could amend it and reissue it to you.....the court may feel that although you were right to argue the incorrect details you have wasted some of their time. |
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Nick B
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If you go to the Magistrates court and try to argue that point the court will simply amend the summons/charge and then penalise you via points and fine, i.e. instead of 6 points you'll get 8-9 and instead of £x fine you'll get £X which is obviously more!
Driving whilst uninsured is an offence of strict liability, you are guilty even if you thought you were covered if you do not have such cover against third party risks.
you are better off pleading guilty and entering a plea in mitigation which should not read as an attempt to excuse the offence more as a way of putting the court in the picture! |
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Jabba_da_hut_07
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You will be punished more if you take that line in your case. You've commited an offence what does it matter what the name the street was you had no insurance, if you crippled someone in an accident who would pay for their care. |
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nuclear farter
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be thankful you were stopped imagine if you smacked somebody without insurance you'd be up shi't street |
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Michael
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NO you don't have a case. What difference does it make where you were stopped. You didn't have insurance and it is required by law that you do. Pay the fine and quit whining. (any bets on me being picked as best answer? lol) |
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k0005kat@btinternet.com
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It wouldnt matter if they stopped you on the Moon; you were driving without insurance which is an offence. Ever heard of a diary, or marking a calendar.? My ex-husbands friend was killed by an uninsured driver; he had a good business and an excellent income, but his killer left his wife and six kids to survive in poverty. If youre old enough to drive a car, you are old enough to be responsible for your behaviour--and your insurance. |
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Andy
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The best facts you could hope to present involve retroactive reinstatement of the insurance policy. That sometimes happens. And if there was no reminder letter . . .
What kind of an agent do you have? Mine once dropped my household policy for six months (we bought an additional residence) and it was only when I noticed no money going out for premiums that I investigated. The agent knows that he would have been sued successfully if the house had burned down.
My car insurance is paid by automatic premium deductions from my account. And the account has overdraft protection.
In many states (NY comes to mind) cancellation of auto insurance requires formal notification to you and to the DMV. |
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pedlamaniacs
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Fraid not. |
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Lynn
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Go to court, bring your proof of insurance and simply plead your case. Your previous clear driving record will speak for you.
Your question doesn't say exactly what your ticket was for, but if it was a "moving violation (speeding)" and the judge wants to charge you, ask to take a defense driving course to keep anything off your record. |
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Zelda
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Neil Mac up there (1st answer) is 100% correct. Sorry, you are barking up the wrong tree. No insurance is no insurance is no insurance. |
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jamesdean2002uk
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go for it
but always remember to check |
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irish_glen
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I'm not 100% sure, it may depend on the offence but I am constantly reading in the newspaper about driving offences being thrown out of court on a technicality. You need a lawyor. |
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DJ
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Believe it or not, the police do have the right to stop any vehicle they deem suspicious. Even though the street facts are not correct, if your in an insurance state and your insurance expired, he's got you but, if you have a good driving record and renewed your insurance right away since the incident, the judge 90 percent of the time will drop the charges with a warning. I'm not a cop but I have found the courts to be far if you talk to them with respect and don't lose your cool. Have your day in court with the corrected paper work. Good luck. |
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Andy FF1,2,CrTr,4,5,6,7,8,9,10
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make sure you make the court date but get your insurance up to date before you go... then at court be honest and tell the judge you overlooked the renewal but have since corrected the matter, show him your current proof of insurance card and hope he drops the case... many times when you show you've gone and taken care of a problem that the police has brought to your attention they are happy and do not pursue the matter further...
Good luck. |
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mumoftheyear
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the fact is you had no insurance it is your responsibility to make sure it is up to date |
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welshwife
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yes you do have the right to appeal that they have there facts wrong but the cahrge still might stick as it was proved that your insurance was not right at the time of the offence commited. |
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Xan
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The street doesn't matter. You'll probably get a caution unless you can play the "I wasn't informed" card well. |
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