Driving with no licence....what next??

[ems2711]

Hi everyone

I was recently stopped for driving with no licence (which i found out when i was stopped - medical issue with DVLA - in process of getting back)
The car was taken and scrapped as i couldnt afford to get the car out yard.
This happened approx 3 months ago and i havent heard anything from police about recieving points or a fine and im worried as to what happens next??
Id like the opportunity to explain to the court how this happened and that im not someone who breaks the law etc but im wondering is this something they go ahead and do without you? If not, how long does it take to hear back from them??

Many Thanks

[labman]

Re: Driving with no licence....what next??

Driving without a licence is, as you know, a criminal offence, so it would have to go through a Magistrates' Court. You would then have the chance to defend yourself as any other person does for committing any crime. How long the process takes I can't help you with I'm afraid.

Just to rule out obvious things, you've ot moved house recently?

[ems2711]

Re: Driving with no licence....what next??

No not moved house. I dont know how long to leave it before approaching the court system...if thats the process

[labman]

Re: Driving with no licence....what next??

I'd be inclined to join the site http://www.pepipoo.com/ - it's a free specialist motorist site - and ask on there. You may get better support there with the entire process anyway, though once things are underway, we're pretty reasonable at Magistrates' Court stuff. There's a 'Sticky' explaining the Magistrates' Court process in the bailiff section.

[Bill-K]

Re: Driving with no licence....what next??

Driving without a licence is, as you know, a criminal offence...

As I understand, the offence is a Road Traffic offence and is a Summary offence only - carrying no custodial sentence, only a fine. However, it is the magistrates who have to hear a such a case due to them being a Court of Summary Jurisdiction. This may lead some people to think it is a criminal offence.

[jon1965]

Re: Driving with no licence....what next??

http://www.drivingban.co.uk/drivingo...spenalties.htm

It would seem that driving without a licence can not lead to imprisonment but driving after your licence has been revoked on medical grounds could do although that is a worse case scenario so I wouldn't worry about that

[labman]

Re: Driving with no licence....what next??

As I understand, the offence is a Road Traffic offence and is a Summary offence only - carrying no custodial sentence, only a fine. However, it is the magistrates who have to hear a such a case due to them being a Court of Summary Jurisdiction. This may lead some people to think it is a criminal offence.

I thought a summary a offence was a criminal offence, just not an indictable criminal offence. That does not mean it is not criminal.

[Tools]

Re: Driving with no licence....what next??

The Police do not physically have to serve proceedings within 6 months of the offence. Their obligation is to lodge sufficient information with the Court so that the process can be started. Although steps to issue the Summons must be taken within 6 months, there is no requirement for a Defendant to receive it within that period of time. On the basis that the information is laid before the Court within 6 months, the Police are entitled to proceed and it may be that delays in processing paperwork or even obtaining a Court date can result in the Summons being received after 6 months.

The maximum penalty for driving after refusal or revocation of licence on medical grounds is;
6 months imprisonment, £5000 fine, 3-6 penalty points or a discretionary ban.

It is fact that you were driving without a valid license so the only plea available is one of guilty.

It should be dealt with by a Magistrates Court, where you will have ample opportunity to give mitigation but this will only have a bearing on the punishment. For the majority of cases this will be penalty points and a fine, it is extremely unlikely a custodial sentence will be given.

Whether criminal, summary or a traffic offence, is irrelevant to the OP, they asked "im worried as to what happens next??" and "how long does it take to hear back from them??"

If you are unsure, then seek professional legal advice and/or clarification from the Police.

[Bill-K]

Re: Driving with no licence....what next??

I thought a summary a offence was a criminal offence, just not an indictable criminal offence. That does not mean it is not criminal.

I am only posting my own understanding of the Law, Labman. I most certainly would not pretend to be an authority on this. Whatever you thought - is similarly yours to believe and to voice. But whatever you thought does not mean it is a criminal offence.

I think Tools' has probably got the best 'handle' on this, and he seems to have explained your confusion very well.
Anyways - I wouldn't DARE argue with an Admin, now, would I ?:banplease:

[Inca]

Re: Driving with no licence....what next??

http://www.legalbeagles.info/forums/...n-i-argue-this

^^ This is the original link...

[charitynjw]

Re: Driving with no licence....what next??

Hi ems2711

Did you try PePiPoo?

[wales01man]

Re: Driving with no licence....what next??

AS far as im concerned its Criminal driving with no licence means no insurance if the OP had an accident and killed or maimed someone would the discussion on here be was it Criminal?
Hope the court dishes out a harsh sentence have no sympathy with people who break the law criminal or motoring the rest of us have licences that are valid insurance and MOTs if you don't and get caught no excuses take the punishment.
Sorry if this upsets anyone but I feel strongly about this for a good reason

[Inca]

Re: Driving with no licence....what next??

Wlaes hun....we know each other well enough not to be offended by what we say..but I have to say..I was driving on a revoked licence and I didn't have a bloody clue it had been revoked..luckily I found out before I got stopped but it is easily done when it's clerical revoction at the DVLA...they just don't tell you it seems.
I agree with you,,anyone wilfully driving with no licence/insurance needs the book thrown at them.

[wales01man]

Re: Driving with no licence....what next??

Thanks Inca in this case they were caught the odds are most would not its a gamble?
I will not condone any crime but everyone has a right to defend themselves in court the OP must do that if convicted they will pay with some sort of punishment.

[charitynjw]

Re: Driving with no licence....what next??

There used to be an opportunity to plead guilty but with 'special reasons', which, if accepted by the court, could lead to no points, etc.

Is that still applicable?