Driving Without a Licence

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.


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.


  • 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: 
  • Advise you about the options available to you;
  • Exchange any required paperwork with the Gardaí prior to your Court appearance;
  • Arrange to instruct counsel (where necessary) to represent you in Court;
  • Guide you through the whole case until completion.