We are all at risk of imprisonment

As a young man at university I learned that in order to commit a crime a person had to have committed a guilty act (“actus reus”) and have a guilty mind (“mens rea”).  In other words, not only did you have to commit an act which was contrary to either statute or common law, but you also had to have intended it, or been reckless as to whether the act was committed at all. 

There were always exceptions to the above rule, the most notable being driving a vehicle without insurance, but the exceptions were few and far between.

Those exceptions have now put the vast majority of us at risk of imprisonment. 

There was a time when careless driving could result in penalty points and fines, whereas nowadays, careless driving where death is involved can, and usually does, result in a prison sentence. Who hasn’t had an accident or at least a near miss when driving?

In addition driving without a driving licence or insurance involving death will also result in a custodial sentence as indeed can causing death whilst driving whilst disqualified, or causing serious injury whilst driving when disqualified. 

The average person might think that they would never drive without a driving licence or whilst disqualified or without insurance, but many people do without knowing that they are doing it.

Many people can find that their licence has either expired without them knowing anything about it, or alternatively revoked without them knowing. 

People paying for their insurance by instalments can find that the insurance company has not received a payment and have revoked the insurance. 

People can also find that they have been disqualified from driving for offences that they knew nothing about, either because they have moved house before the notice was received, or alternatively documents have been sent by mistake to erroneous addresses. 

If you are ever invited for an interview in respect of any matter in which death or serious injury on the road is involved, then ensure that a Solicitor is present for the interview.  It can be either in the Police Station, or at the person’s own home.  Either way free legal advice is available.