I have a reason why I was Driving Without Insurance. Can I use this reason as a defence to fight my charge?
The most common valid defence to a Driving Without Insurance charge is that there was a mistake. That you did have valid insurance. If you do have proof of a valid contract of insurance, then your charge will be withdrawn.
Unfortunately, most “excuses” are NOT defences. Because a Driving Without Insurance charge is a public safety offence, the lawmakers made it very difficult to “win” these cases. That means most excuses won’t get you off this charge.
Excuse #1 – Someone else was driving my car. It was not me driving.- No, this is NOT a defence.
- The law is clear. If you own a vehicle, that vehicle must be insured.
- And, it does not matter who is driving the vehicle. If the vehicle is not insured, then you will be charged with Driving Without Insurance, even if you’re not driving the vehicle.
Excuse #2 – I was driving my car a really short distance.
No, this is NOT a defence.
- If your vehicle is not insured, then as long as that vehicle is NOT driven on a private road, then you will be found guilty of Driving Without Insurance.
- The distance that you drove is not relevant. Even if it’s just a few meters. The law is clear on this.
Excuse #3 – I was driving my vehicle home from the dealership (or person from whom I bought the vehicle.)
No, this is NOT a defence. See above.
Excuse #4 – “If I get convicted, I can’t afford to pay the insurance rate increases. I will not be able to afford insurance and earn money to feed my family.
No, this is NOT a defence.
- Many clients have to drive for work. Or for their family. Or for medical reasons. And paying expensive insurance premiums can be devastating to your personal and work life.
- However, the penalties for Driving Without Insurance are severe for a reason.
- The lawmakers want to send a b message to the public that you have to follow the rules of the road. And if you don’t follow the rules, then you will face serious consequences.
Excuse #5 – I pay my insurance every month. But one of my payments didn’t go through, and I didn’t know that the payment didn’t make it to the insurance company.
No, this is NOT a defence.
You are responsible for making sure you make your insurance payments every month. If payment did not get processed, it is your responsibility to make sure that all payments go through. The fact that you didn’t get notice of your “non-payment” is not a defence.
Excuse #6 – “It was an emergency. I had to drive my vehicle.”
No, this is NOT a defence.
See logic above.
Excuse #7 – “My driving didn’t hurt anybody. I don’t understand the big deal.”
No, this is NOT a defence.
The fact that no one was hurt has no legal meaning. See logic above.
Excuse #8 – “I didn’t commit a crime. The penalties are crazy.”
No, this is NOT a defence.
Yes, the penalties are severe because the lawmakers want “responsible” drivers on the road. And for those people that do not drive responsibly, the law will punish them appropriately.
