A person cannot drive a mechanically propelled vehicle in a public place unless they hold a driving licence.
Further, it shall be presumed, until the contrary is shown, that a person did not, at the time they drove the vehicle, hold a driving licence. It is also a legal requirement that the driver carries a drivers licence at the time of driving.
Power of Arrest
Section 6 of the Road Traffic Act 2014 amended s. 38 of the 1961 Act to allow the Gardaí to arrest without warrant any person in their opinion who was driving without a licence and who had been disqualified from holding a licence.
Defence
It is a good defence to show that you had effective learners permit for the vehicle that you were driving.
A person undergoing a driving test is exempt from holding a drivers licence, but must be in possession of a provisional licence.
Penalties
- The penalty for driving without a licence e.g. if the licence had expired for a period of no more than 12 months is a maximum fine of €1,000
- In any other case the maximum fine is €2,000
- If you were disqualified from driving at the time of the offence the maximum fine that may be imposed is €5000 together with a maximum custodial sentence of 6 months.
I have received a Summons for driving without a licence, what should I do?
The first step is to contact MB Solicitors so that we can:
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Advise you about the options available to you;
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Exchange any required paperwork with the Gardaí prior to your Court appearance;
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Arrange to instruct counsel (where necessary) to represent you in Court;
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Guide you through the whole case until completion.