Motoring case : Permitting driving without insurance

Our client faced one charge of permitting her son to drive her motor vehicle on the 28^th of April 2011 without insurance.

This was a difficult case and highlighted the issues that can arise in family situations.  The police contacted our client following a road traffic accident involving client’s son and upon speaking to them, as she did not wish her son to get into trouble for taking the vehicle without consent, she told the police officer that he had asked her consent to drive the car.  Shortly afterwards she changed her mind and contacted the police to tell them the truth and confirm that he did not in fact have her consent.  Despite this, client was summoned to court for permitting her son to drive with no insurance, and her son was summonsed quite separately for driving with no insurance and driving without due care and attention.

Both matters came to Carmarthen Magistrates’ Court on the 28^th of September 2011, when client’s son pleaded guilty to the charges of driving with no insurance and driving without due care and attention, and client pleaded not guilty to the charge of permitting her son to drive the vehicle without insurance.

The matter was adjourned for a pre-trial review hearing, when the issues in this case were decided on and the matter finally came to trial on the 29^th of November 2011 at Llanelli Magistrates’ Court.

On this occasion, after lengthy negotiations with the prosecution, bearing in mind the relatively weak evidence of the police officer, we persuaded the Crown to offer no evidence in terms of the charge of permitting no insurance (and a lesser alternative charge of obstruction was laid and our client pleaded to this).  This was a very good result for client, as it avoided any penalty points on her licence and thus avoided increased insurance premiums. She  also avoided the significant fine that would come with being found guilty for permitting driving with no insurance.  Furthermore, there was the potential issue had she been  found guilty, of a subsequent personal injury claim against her in respect of the road traffic accident.

This case highlights the difficult issues that can arise in family situations such as this and the importance of a skilled and experienced solicitor to put forward arguments and submissions on your behalf.