Summary
Our client is a volunteer for a religious organisation and was driving a company vehicle associated with this organisation when he was stopped by the police. Unbeknownst to our client, the company vehicle was uninsured due to an administrative oversight by the organisation. He was subsequently charged with driving without insurance.
In Depth
Partner Massimo Trebar, part of Lawtons private client team, took the lead on this case. He submitted a special reasons application, arguing that our client was not at fault for the vehicle being uninsured and had no prior knowledge of this fact. However, the prosecution opposed this application, arguing that special reasons should not be considered in this case as our client had not made explicit inquiries in relation to the exact status of the vehicle.
Despite this, Massimo was able to refer the magistrates to the correct test set out from a case dating from 1948. This case established that as long as the defendant has reasonable grounds for believing that insurance is in place, special reasons can apply.
Massimo referred further to the statutory defence under the road traffic act for driving without insurance, which states that an employee driving a company-owned vehicle is not liable for the vehicle being uninsured. Massimo asserted that although our client was a volunteer, not an employee and therefore technically not protected by the statutory defence, his role within the organisation was very similar to that of an employee.
These arguments were put forth at a hearing at Stratford Magistrates Court. Thanks to the strength of Massimo’s defence preparation, the magistrates fully accepted our arguments and found special reasons in this case. Consequently, the lowest possible penalty was imposed against our client.
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