The offence of ‘using’ a mechanically propelled vehicle without a valid insurance certificate is one of the most frequently prosecuted offences in the District Court.
It is also an offence to allow somebody else to use your vehicle when they are not insured to drive. In such circumstances, the vehicle’s owner is liable to be prosecuted for giving consent to a third party.
If a member of An Garda Síochána makes a lawful demand on you to produce a certificate of insurance, the onus is on you to produce the insurance and prove that you are were insured. Failure to produce a valid certificate of insurance so will result in a prosecution being taken against you.
Production of a valid certificate of insurance will serve as a defence to the charge. Other defences may also arise, e.g., if a vehicle was used without your consent or you were an employee using the vehicle on the direct orders of your employer.
We can provide advice on defences open to you and represent and defend you in Court.
We are on the legal aid panel, so we can advise on making an application for free legal aid, if required.
What are the penalties for no insurance?
If you enter a plea of guilty for no insurance and/or are convicted of the offence of no insurance, specific penalties apply. The penalties for no insurance include the following:
- A fine not greater than €5000;
- A custodial sentence not exceeding 6 months;
- A disqualification from driving (2 years on a first conviction and a longer period if you have more than one previous conviction).
- 5 penalty points (mandatory following conviction).
If you are convicted of having no insurance for the first time, a Judge has the discretion to not disqualify a person from driving. Where there is a special and substantial reason.
If you are convicted of driving with no insurance for a second time within 3 years of your first conviction, there is a mandatory disqualification from driving imposed for a minimum of 4 years.
If you are charged with a Road Traffic Offence, such as no insurance, please get in touch with us as soon as possible. We will offer advice to defend the charge and endeavour to get the best possible result for you in Court.