If an individual drives on a road otherwise than in accordance with a valid licence, they would face prosecution for driving without a licence. To obtain a licence to drive unsupervised, you will need to pass a two stage test (theory and practical).
This is a fairly straight forward area of motoring law and it is fairly obvious to most when you can and cannot drive. However, there are instances where the offence of driving without a licence can cause problems.
Driving without the correct licence
If you have a driving licence which only specifically entitles you to drive one class of vehicle for example a car, you can face prosecution for driving without a licence in the event you drive another class of vehicle other than what you are entitled to drive such as a motorbike. If you are authorised to drive other vehicles then your driving licence should detail these entitlements.
If you are driving with a provisional licence, you must be accompanied by another individual who is at least 21 years old and who has held a full UK driving licence for a minimum of 3 years. In addition to this it is also essential that the vehicle you drive displays ‘L’ plates. If you fail to comply with any of these requirements, you could face prosecution for driving without a licence.
No Insurance (Related Offence)
If you drive without a licence, then any motor vehicle insurance policy in place may as a consequence be invalidated. In such circumstances in addition to driving without a licence you may face prosecution for driving without insurance as well.
Circumstances where you have ‘no knowledge of licence being revoked’
With the years of experience that our motoring lawyers have acquired, we have come across various instances where licences have been revoked by the DVLA for various reasons, Courts have made errors, and the Police have mistakenly stopped our clients for driving without a licence. In such circumstances, they have faced prosecutions. This is even though they were unaware of the fact that their licence was not active.
It is very simple – If you are unaware of the fact that your driving licence no longer exists, or where you believe that your driving licence was active but had been revoked without your knowledge, you may be able to avoid a conviction and / or penalty points.
For more information on either of the above offences, call us on 0800 6441544 for a free consultation.
Penalties for Driving without a Licence
For driving without a valid licence you could receive between 3-6 penalty points and a fine of up to £1000
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If you are being prosecuted for driving without a licence, we would recommend securing the services of a motoring lawyer. Even if the evidence against you appears to be strong, a conviction for the above offences does not have to result in the imposition of penalty points if your case is prepared before you go to Court, and presented at Court in the right way. This is even more important if you already have points on your licence.
Our lawyers have acted for thousands of clients over the years for driving licence matters and it is often the case that we can persuade the Prosecution to withdraw the charges. This is possible where an individual is being prosecuted for driving without a licence as a consequence of a mistake made by the Court, Driver and Vehicle Licensing Agency (DVLA) or a genuine reason that has resulted in the prosecution that is not the fault of the motorist.
Call Caines Laws’ Specialist Motoring Team on 0800 6441544 for a free consultation. We will advise you on the law, inform you if you require representation and discuss the prospects of defending your case. Alternatively, complete the Contact us form and we will call you at a time convenient for you.
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