'You're a lucky man' Craigavon judge tells Portadown businessman who was in court for having no insurance and no driving licence
‘You’re a lucky man,” said a judge to a Portadown businessman who was before the court for having no driving licence and no insurance.
Simon David Boyce, aged 49, from Drumanphy Road, appeared before Craigavon Magistrates Court on both charges after he was stopped on August 31 last year in Bridge Street, Portadown.
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Boyce’s lawyer said his client is pleading guilty to the no insurance charge but will be citing “special reasons”. The defendant had previously pleaded guilty to having no driving licence. The lawyer submitted Boyce’s “recently acquired” full licence.
The lawyer told the court his client had been disqualified from driving in 2017. “He did not reapply for his licence,” said the lawyer, adding that Boyce was able to produce insurance.
The lawyer pointed out details of the insurance policy which stated that those entitled to drive the vehicle must be aged over 30 and must hold a licence to drive the vehicle and is “not disqualified from holding or obtaining” such a licence.
Boyce’s lawyer submitted that had there been a collision the insurance company would have been legally obliged to honour the third party aspect of a policy. “Therefore there would have been insurance and therefore he is entitled to rely on that,” he said.
The lawyer added that Boyce has been the subject of a very long-standing insurance policy through the family business – a business which has been in existence for more than 100 years. He revealed Boyce had since passed his driving test.
He asked District Judge Michael Ranaghan to take into consideration the terms of the policy and “that particular clause” as he was covered by insurance and the insurance company would have been legally obliged to honour any third party incident.
The district judge said he could find special reasons in this case.
"I would normally disqualify you given the combination of charges. I will employ points instead,” he said, giving Boyce seven penalty points for no insurance and six penalty points for no driving licence (all concurrent). He was also fined £100 on each offence plus the £15 offender levy.
"You’re a lucky man, Mr Boyce,” said the district judge.