Caught Driving Without a Licence
Driving without a licence is a slightly bizarre motoring offence. It would be reasonably to assume that it’s a quite serious offence and would naturally lead to a driving ban, but that isn’t always the case.
The offence of driving without a licence does carry penalty points, so it should still be taken seriously.
Have you Been Stopped Driving Without a Licence?
Driving while you are disqualified is a different offence to driving without a licence.
If you drive while disqualified you run the serious risk of imprisonment because by driving whilst your licence has been disqualified by the court, you are deemed as having ignored an order of the court.
Driving without a licence is however a lesser offence and you can commit it in several different ways, some of which are endorsable with 3 penalty points while some versions of the offence carry no points.
Endorsable Driving Licence Offences.
Driving without a licence is an endorsable offence if you have no entitlement to drive the type of vehicle that you are driving. A good example of this would be a person driving a manual car having only ever passed an automatic car driving test. This would car 3 penalty points.
Riding a motorcycle without ever passing a full motorcycle test and without a motorbike entitlement is also endorsable on your licence with three points.
Similarly, driving without ‘L’ plates and without a qualified supervisor is also an endorsable offence if you haven’t ever passed a full driving test and so only have a provisional driving licence. This will also earn you three points.
Non-Endorsable Driving Licence Offences.
Non endorsable offences include;
Driving without a licence if you have passed the required test and have an entitlement to drive the vehicle you are using, but for some reason your licence at that time had been either revoked or suspended.
This can happen if you happen to be convicted of an endorsable motoring offence without being aware of it and the Driver Vehicle Licencing Authority have been unable to contact you so that they can add the relevant points to it.
If you fail to respond to letters from the DVLA they will suspend/revoke your driving licence while they wait for you to surrender it.
In order to have your licence returned you just need to surrender it to the DVLA so your outstanding penalty points can be added.
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We recently represented a client who had initially instructed well-known solicitors who claim to be motoring specialists.
Initially they given our client the same advice that we gave, namely that he had a defence to driving without insurance because insurance cannot be invalidated/voided with retrospective effect.
The police have claimed that our client was not insured because he didn't have a valid license. The police claimed that this automatically invalidated his insurance. There is extremely strong case law that states that insurance cannot be invalidated with retrospective effect and that the insurance company can only void insurance into the future.
The law firm in question changed their advice at the last minute after taking our clients fees. He came to us in a panic only a few days before the sentencing date and we took over the case.
"..its very rare you come across a firm with your integrity and passion and your kindness."
We have just read an article on a www.motorlawyers.co.uk web site suggesting that if a Notice Of Intended Prosecution arrives more than 14 days after the date of the alleged offence you can "Reject It".