All drivers and users must ensure that they are insured to drive the vehicle which they are driving. The owner of a vehicle may be guilty of an offence where they allow another person to drive without insurance.
A member of An Garda Síochána may make a demand for production of proof of insurance within 10 days to a nominated station. Failure to do so is a separate offence with separate penalties.
Defence
Where the person charged is the owner of the vehicle it is a good defence if the person can show that the vehicle was being used without his consent.
Where the person charged is not the owner of the vehicle it is a good defence to show that he was using the vehicle in compliance with the express orders of the owner.
Penalties
- Maximum fine of €5000
- Possible six months of imprisonment.
- Penalty points
- Presumptive Disqualification for a period of two years on first conviction.
The court may, when dealing with a first no insurance offence, where it is satisfied that a special reason exists, use the discretion available to the court and decline to make a disqualification order or specify a period of disqualification of less than one year. There is no list of special reason but our office will be able to advise you on all matter prior to your court appearance.
The court must disqualify for not less than four years in the case of a second or any subsequent offence under the same section committed within the period of three years from the date of the commission of the previous offence.
Any driver who receives 12 penalty points in any three-year period will incur a six month disqualification from driving.
What Should I Do Next?
You should contact MB Solicitors and provide the firm with full instructions relating to your personal circumstances together with the circumstances surrounding the offence. It is a matter for the Judge to decide whether there is special reason as to why you should not be disqualified but we will advise you fully and assist in gathering any documentation which may assist your case.