Aftershock

[denny]

A couple of thoughts regarding my last post:

1) Firstly, and most importantly - my very sincere apologies to anyone who has been in my car as a passenger in the last few months. I really didn't intend to be driving without insurance - it's one of those crimes that I personally consider to be morally wrong as well as legally, and I'm kind of stunned to find myself guilty of it. I'm really really sorry.


2) I've been rooting through my old paperwork file, and it looks like I can prove an almost unbroken record of insurance with the same company since July 1996, through a variety of cars, up to the current one from last April through September. I know this doesn't make me not guilty, but what I am hoping is that if I can prove (or at least show that's it's likely) that this was a mistake, not a deliberate offense of evasion, then maybe I won't get hit so hard for it.

3) I also found my prescriptions for anti-depressants. Dated early August and early September, which covers the period when I should have renewed my insurance. I don't know if this is a good thing to mention or not - might it just make me look unreliable and potentially dangerous (as a driver) in the eyes of the law?

4) I can't seem to find any information on exactly how much trouble I'm in, but I've been talking to a friend on the phone (thankyou Chris, for always being such a nice bloke), and he says he was prosecuted for this offence several years ago and it was a mandatory 6 points back then (possibly more), plus a fine of up to £5000. 6+ points would be a Very Bad Thing. I can see me having to get a *shudder* sensible car for the next 5 years if I get those on my licence, I doubt I'd be able to afford insurance on my usual style of car with the added premiums that would bring.

Oh shit, I don't even want to think about what this is going to do to my next bike insurance renewal. Shit shit shit. Please don't force me to give up my bike. Shit.

Update:
Found the key bit of info I wanted on the DVLA website. Minimum 6 points, maximum 8. I am so totally fucked. Bed now. Sleep unlikely.

Second update:
Anyone who I've arranged to visit and/or give lifts to over the weekend, don't panic - I'll have insurance sorted out before I leave my house for work in the morning.

Hrm, that's about 5 hours away. Really going to bed now. Sleep still not looking too likely though...

Comments

[mhw.livejournal.com]

Well, I suppose you could try mitigation on the grounds that you honestly believed that your insurance was current at the time you produced your documents. Medical evidence of the effects your depression's had on you.

Best I can suggest. Lots of gentle *hug*s, for what they're worth.

[dennyd.livejournal.com]

I think the legal position on that kind of defence is something like "Ignorance is no defence in the eyes of the law". I'm obviously guilty, whatever the circumstances, and so the minimum penalty is 6 points. I suppose I might get the fine reduced for mitigating circumstances (along with evidence of my impressive debt situation), but that's not really the bit I'm worried about.

I'm in tears at the thought of having to give up my bike. I didn't realise it meant that much to me.

Thanks for the hugs, much appreciated just now...

[mhw.livejournal.com]

Ah, though, you wouldn't be claiming "ignorance of the law" - as far as you were aware, you were complying with the law, in that to the best of your knowledge you were insured. I'm no lawyer, so I haven't the faintest whether the mens rea principle applies here, but I know for a fact that it does in theft cases: to steal something, you have to intend to permanently deprive the rightful owner of the use and enjoyment... if no intention, then no theft.

Heck, it's got to be worth asking a lawyer. If you can run that defence, you even have a witness to your reactions on being told that your insurance was out of date.

Many more hugs, anyway.

[kaet.livejournal.com]

It's ignorance of the law that's not a defence, not ignorance of the facts.

Good luck (sorry I can't be much help, I don't know much about cars and things, but I could easily have seen myself doing something like that if I'd had to keep insurance, and things). *hugs*

[kissycat1000.livejournal.com]

Argh.. this is so easily done.. it's the kind of thing I might do. It must be really common for people to do this as part of a genuine mistake? Talk to a solicitor, everything else was up to date, you never know what they might be able to do. *crosses fingers for you*

[azekeil.livejournal.com]

Yes, it seems bad. It doesn't say on the anti-depressants "must not drive while taking these" does it? Then you're OK. It doesn't make you irresponsible. You have extenuating circumstances.

Heh I know just how you feel right now. I still haven't posted about it yet.

[feanelwa.livejournal.com]

Depression doesn't make you unsafe to drive, otherwise there would be 10% less cars on the road.

*hugs, lots of hugs*
You poor thing!

And you don't need to apologise to me for driving without insurance, because you didn't crash.

6 points? Bloody hell, that's a bit harsh for just not checking your post.
Hmm. We need to find you something fast and whooshy if it turns out you can't ride the bike for a while. Hmm...~thinks of fast whooshy methods of transport~ ever been parachuting? (Although i would categorically Not Go Up In The Air myself unless i was on the inside of an aeroplane at all times!)