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JR Jones Solicitors Birmingham
solicitors Birmingham

Driving without a license / Driving whilst disqualified

Driving without a licence and driving whilst disqualified are two separate offences in English law, the latter carries the more serious penalties of the two.

Driving without a license

Driving without a license covers a number of different 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 between 3 and 6 penalty points and a fine of up to £1000. You can also be disqualified from driving.

Driving without the correct licence

When you pass a driving test you are only allowed to drive contact uscertain types of vehicles. Additional driving tests must be passed to enable you to drive additional vehicles, such as HGV’s, motorbikes, buses or passenger carrying vehicles.

If you have a normal driving licence for a car, 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 noted above).

Learner drivers

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 to the above, 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.

Driving whilst Disqualified

Driving whilst disqualified is an arrestable offence, which means that you will be immediately taken to the Police station for questioning. It is critical that you contact us at this point so that we can represent you during the police interview process.

Driving whilst disqualified is a more serious offence and carries 6 penalty points and a fine of up to £5000, a further period of disqualification, possible community service and in some cases possible imprisonment for up to 6 months.

Because of the seriousness of this offence you will need a solicitor with specialist knowledge in this area who can asses your cases and help you to build a vigorous defence, including showing the Court evidence of any special reasons which may mitigate against the eventual penalty imposed.

Do I require a solicitor for a motoring offence?

Some people choose to represent themselves in Court to try and save money on legal fees. This is almost always a mistake. The Courts have heard every excuse that exists for motoring offences and will not be impressed by someone with little or no understanding of the law trying to defend themselves.

A specialist motoring offences solicitor with knowledge and experience of the law will offer you the best chance of achieving a favourable outcome in your case.

Contact us to speak to one of our solicitors who will assess your case and advise you on a possible defence.