Driving without a License / Driving whilst Disqualified
Under English law, driving without a licence and driving whilst disqualified are two separate offences. Driving whilst disqualified carries the more severe penalties.
Driving whilst disqualified
Driving whilst disqualified carries 6 penalty points and a fine of up to £5000, a period of disqualification from driving, possible community service and in some cases possible imprisonment for up to 6 months.
Driving whilst disqualified is an arrestable offence; you will immediately be taken to the Police station for questioning and processing.
Because of the seriousness of this offence you will always require a solicitor with specialist knowledge who can help you to build a strong defence, including showing the Court evidence of any special reasons which may mitigate against the eventual penalty imposed.
Driving without a license
Driving without a license covers a number of distinct offences, the most straightforward being simply driving a vehicle without any driving licence at all.
The penalties for this offence can vary but will range from 3 to 6 penalty points and a fine of up to £1000. You may also be disqualified from driving.
Driving without the correct licence
When you pass a driving test you are allowed to drive certain types of vehicle only. The vehicles you are allowed to drive will depend on when you passed your driving test as they have changed over the years. Additional driving tests have to be passed to enable you to drive additional vehicles, such as heavy goods vehicles (HGV), motorbikes, buses or other passenger carrying vehicles.
If you have a standard driving licence for a ca, and you drive a vehicle that you have no entitlement to drive, then you can be prosecuted for driving without a licence (with the potential penalties stated above).
If you are a learner driver with a provisional licence, you are required to:
- Display “L” plates on your vehicle
- Be accompanied by a person who is at least 21 years old and who has held a full driving licence for at least 3 years
If you drive without meeting those conditions, then you can be held liable for driving without a licence.
In addition, if you drive without a licence or the incorrect licence, then in all likelihood your motor insurance will be invalid, thereby opening you up to an additional prosecution for driving without insurance.
If you are arrested or charged with driving without a license or driving whilst disqualified, please contact us at your earliest opportunity.
Legal Advice and assistance in a Police Station is free of charge. We recommend that you say nothing to the Police until you have spoken directly with us.
We have a 24-hour emergency advice line so that we can respond immediately to your situation. Our 24 hour number is 07850 012 366.