Driving Otherwise Than in Accordance With a Licence: The Law and Available Defences
Driving otherwise than in accordance with a licence is an offence under Section 87 of the Road Traffic Act 1988. This covers scenarios where a person drives without a valid licence, including those driving on a provisional licence who do not adhere to its conditions. The offence can also apply to individuals who have never held a licence. Penalties for this offence can be serious, including fines, penalty points, or even disqualification from driving.
At Allen Hoole Solicitors, we have extensive experience in representing clients charged with this offence, whether they are provisional drivers or individuals who do not hold a licence at all. As the largest and most experienced criminal defence firm in the South West of England, our team of expert solicitor advocates has the knowledge and resources to provide the best possible defence.
The Law on Driving Without a Licence
There are several scenarios in which someone could be charged with driving otherwise than in accordance with a licence:
Provisional Licence Holders
A provisional driving licence allows an individual to practice driving under specific conditions. For provisional drivers, the key conditions include:
- They must be accompanied by a qualified driver (someone aged 21 or older who has held a full licence for at least three years),
- The vehicle must display L plates (or D plates in Wales),
- The driver must not drive on motorways unless accompanied by an instructor in a dual-control vehicle.
If any of these conditions are not met, the individual could be charged with driving otherwise than in accordance with a licence.
Driving Without a Licence
This applies to individuals who have never held a licence or whose licence has been revoked, expired, or suspended. Driving without ever having passed a driving test is a serious offence, and the penalties reflect the seriousness of driving without proving competence.
Penalties for Driving Otherwise Than in Accordance With a Licence
Penalties for this offence can include:
- A fine of up to £1,000,
- 3 to 6 penalty points on the individual’s licence,
- Disqualification from driving in more serious cases, particularly if the person is also charged with other offences, such as driving without insurance.
It is important to note that in most cases, individuals driving without a valid licence will also be charged with driving without insurance, as an insurance policy is invalid if the driver does not hold a valid licence.
Available Defences
While the offence of driving without a licence is clear-cut, there are several defences that may be available depending on the circumstances. Allen Hoole Solicitors has successfully defended many clients facing these charges by carefully examining the facts of the case and identifying potential procedural or evidential issues. Some of the key defences include:
Reasonable Mistake
If you believed you were complying with the conditions of your provisional licence but made a genuine mistake, this can be relevant information. For example, if a driver mistakenly thought their accompanying driver was qualified but later found out they were not, it could mitigate the offence.
Licence Expiry Due to Administrative Error
In some cases, individuals may not be aware that their licence has expired or been suspended. If it can be shown that the individual was driving in good faith and had no knowledge that their licence was invalid, the court may be more lenient.
Not the Driver
If the prosecution cannot prove beyond a reasonable doubt that you were driving the vehicle at the time of the offence, this can be a defence. This may apply if there is insufficient evidence or if there is a dispute about who was driving.
Special Reasons
In some cases, even if a person is technically guilty, there may be special reasons why they should not be penalised. For example, if someone was driving without a licence in an emergency situation, the court may show leniency.
Why Legal Representation is Crucial
Driving otherwise than in accordance with a licence is a serious offence with potentially severe consequences. Having expert legal representation is crucial in ensuring that all possible defences are explored and that the court hears any mitigating circumstances. At Allen Hoole Solicitors, we have successfully represented individuals facing these charges, helping them avoid significant penalties or reduce the severity of the punishment.
Why Choose Allen Hoole Solicitors?
As the largest criminal defence firm in the South West, Allen Hoole Solicitors has extensive experience in handling complex motoring offences. Our team of solicitor advocates brings in-depth knowledge of the law and years of practical experience, giving us a distinct advantage in defending our clients. We have the resources to handle even the most complicated cases and access to the best specialist barristers if required.
If you are facing charges for driving otherwise than in accordance with a licence, contact Allen Hoole Solicitors today. Our team is here to provide expert advice and representation to help you achieve the best possible outcome.