Nicola Sturgeon was spotted being driven by her husband in an untaxed car.
The former Scottish first minister was seen out shopping in Edinburgh while Peter Murrell was sat in the driver’s seat of the black Peugeot.
The car tax had not been renewed on August 1 and was eight days overdue.
Drivers of electric vehicles do not have to pay for road tax but they must still get their vehicle taxed.
A spokeswoman for the former Scottish first minister told The Sun it was a “simple mistake” which had now been rectified.
Scottish Conservative chairman and MSP Craig Hoy said the blunder was “hugely embarrassing”.
He said: “This is another car crash moment for Nicola Sturgeon and her husband.
“She and Peter Murrell need this latest brush with the law like they need a hole in the head.
“I’m sure this was an innocent error but it’s hugely embarrassing for a couple clearly distracted by other matters.”
Ms Sturgeon and former SNP chief executive Mr Murrell have been arrested as part of the police probe into the party’s finances. Both were released without charge pending further investigation.
It comes after the SNP’s deputy leader also failed to pay his car tax earlier this month.
Keith Brown, who was previously Scotland’s justice secretary, said it was an “honest mistake”.
Sources close to Mr Brown said he had not driven the Volkswagen Passat while untaxed as he had been out of the country.
SNP leader Humza Yousaf was slapped with a fine for driving without insurance in 2016 when he was Scottish transport minister, which he also said was an “honest mistake”.
Ms Sturgeon’s spokeswoman said: “No tax is paid on the car as it is electric and so no money has ever been outstanding.
“A reminder notice from the DVLA was not received to re-register the vehicle for tax so this eight-day delay was a simple mistake which has been immediately rectified.”
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