Section 143 of the Road Traffic Act 1988 creates two offences relating to insurance policies, namely:
The penalties for driving without insurance and causing or permitting someone to drive without insurance are the same:
The sentencing regime in cases such as driving or causing and permitting someone to drive without insurance are fixed by law. However, the Road Traffic Offenders Act 1988 provides for exceptions to be made when there are “special reasons” justifying a departure from the prescribed sentencing rules, but if you do receive points, and reach 12 points or more, then we may be able to argue that you should not be disqualified under the totting up provisions because exception hardship may be caused by you losing your licence.
Dangerous driving is when your driving falls far below the expected standard and poses an obvious danger to others. It’s more serious and carries mandatory disqualification, potential imprisonment, and an extended re-test.
Careless driving is when your driving falls below the expected standard, but not drastically so. It’s still serious, but the penalties are lighter—points, fines, and a discretionary ban.
Yes. Dangerous driving can result in up to 1 year imprisonment on summary complaint or 2 years imprisonment if prosecuted on indictment. Prison is a real risk, particularly if there’s injury or aggravating factors. Strong legal representation is crucial to minimise or avoid custodial sentences.
For dangerous driving, a ban is mandatory, but in certain cases, we may argue to reduce the period or apply mitigating factors to lessen the overall impact.
For careless driving, the court has discretion. We may argue “special reasons” or present mitigation to avoid disqualification entirely and limit points or fines.
A special reason is a factor relating to the offence itself (not personal circumstances) that might justify avoiding a ban or points—such as:
We have extensive experience successfully arguing special reasons on behalf of clients.
Any conviction, particularly dangerous driving, will dramatically increase insurance premiums—often for several years. Certain employers, especially those requiring driving or background checks, may view a conviction negatively. Early legal advice can mitigate the damage.
We offer competitive, transparent fees tailored to the complexity of your case. Your initial consultation is free, and we’ll give you a clear quote before proceeding—no hidden costs, no surprises.
Contact a specialist road traffic lawyer immediately. The sooner we’re involved, the more options we have to:
Delays can seriously harm your defence.
Together, we have over 100 years of experience successfully defending clients accused of criminal offences throughout Scotland. We enjoy a stellar reputation as highly-regarded solicitors and will do everything in our power to ensure that you get the best result possible.
We guarantee that we will get back to you within 24 hours, if not much sooner.
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E carltonplace@gwsolicitors.com
1584 Maryhill Road,Glasgow, G20 0HL
T 0141 946 0111 (24hrs)
F 0141 945 6298
E maryhill@gwsolicitors.com
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1584 Maryhill Road, Glasgow, G20 0HL | 0141 946 0111
