Driving without a license (privileges)

About

Driving without a license is a general offense regarding operating a motor vehicle without the privileges issued by the proper authority that allows it to operate. In Poland, privileges can be suspended or withdrawn (due to other crimes against road safety). It is also possible to operate a motor vehicle with an unrecognized license and without having an international license.

Typically, the second situation is much less often because Poland is a party that ratified the Vienna Convention on Road Traffic (1968). Based on that, the foreign license issued by the party to this Convention is generally accepted and can be exchanged for a Polish license. However, it is important to remember to either have an international license or, if you are staying in Poland with the intent to live here for more than 3 months, exchange your national privileges for a Polish one. Problems can occur when your license has expired or has been suspended/withdrawn in Poland before. That opens you to criminal liability. The same can happen if you were operating a motor vehicle without ever getting a license.

It is vital to remember that police will try to charge you with a felony of driving without a license – under art. 180a of the Polich Criminal Code. In this case, the penalty can be a fine, community service, or imprisonment, both up to 2 years. Also, the court will sentence an interdiction to operate motor vehicles. The above is a typical move of the prosecutor’s office, even though driving without a license can also be a misdemeanor under art. 94 of the Polish Misdemeanor Code. For such, a penalty can be jail for up to 30 days, community service for up to 30 days, a fine not lower than 1.500 PLN, and an interdiction to operate motor vehicles for at least 6 months up to 3 years. Please note that if you get convicted for a misdemeanor, you will not have an entry in the national convict’s registry.

We offer the following services:

Thorough analysis of the case: development of appropriate and effective defense strategy, analysis of the facts and legal aspects of your case, preparation of all the necessary documents;

• Assistance to Polish and foreign citizens, legal counseling, contact with the authorities handling the case
• Explanation of consequences and procedures related to your case
• Active participation during hearings, interrogations as well as defense during trial, appeal trial, and proceedings before the Supreme Court;
• We address our offer to:
• Citizens of foreign countries against whom the charges were brought up or the proceeding is pending;
• Families of persons and foreign citizens accused of driving without a license in Poland

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Driving without a license is a criminal offense that involves operating a motor vehicle either with a suspended/withdrawn license or without ever obtaining one, on a public road. Although the offense is not considered a significant threat to road safety, especially if the driver knows how to operate a vehicle, the maximum penalty is up to 2 years of imprisonment.

A crucial aspect of such an offense is that it can be either a misdemeanor or a felony. Also please note that the penalty is administered just for the sole fact of operating a vehicle – meaning that it is not required to commit other offenses posing a danger to road safety to have the charges brought against the driver. Although the consequences are often less severe than the maximum penalty suggests, the most burdensome penalty is the interdiction to operate motor vehicles, especially for persons to which having a car and being able to operate it is vital to their work or other everyday life duties and responsibilities.

Law enforcement typically uncovers drivers without a license during a routine traffic stop. Yet if such an offense is uncovered, law enforcement will undertake the following steps:

• Check your data in national databases;
• Check the details of the vehicle you are operating
• Either tow your vehicle to the nearest law enforcement parking space or ask you to get someone to operate the car instead of you
• Forward your case to the District Prosecutors Office, where it is decided if the charges will be brought against you

In most cases, the charges are under art. 180a of the Polish Criminal Code (the felony).  The prosecutor or the police might ask you to come for a deposition, will collect other necessary documents, and proceed to file the indictment in the district court.

Most of the time, it is legally possible and necessary to change the charges from felony to misdemeanor. Although the legal framework in this matter is rather mysterious for a typical person, the courts have created an interpretation line that helps decide when driving without a license is a felony.

Driving without a license is a felony only if you broke an interdiction given to you by some state authorities – meaning that you e.g. already had an interdiction and were caught driving while is it still valid. Such interdiction can be issued by an administrative body for driving with a speed exceeding 50 km/h over the maximum speed, or by the court (due to sentencing for other crimes). The vital remark is that a person has been driving while having a valid prohibition of such action and such interdiction was ordered by the state authorities. In that case, the driver commits a felony.

If a person is operating a motor vehicle e.g. without ever obtaining a license, or without passing/retaking the state driving exam after the previous interdiction ended, such driver commits a misdemeanor and should not be held responsible for a felony.

Therefore, the crucial difference is whether the license was suspended/withdrawn by the court or administrative authority (or a court interdiction was given) or the driver does not have a license either by never obtaining it or not passing he retake ex. In both cases, the driver does not possess valid privileges to operate a motor vehicle, but in the first case, the person is breaking a state order issued by authorities. That is the additional element of crime that makes driving without a license a felony.

There are grounds for reducing the penalty or creating an effective defense strategy, including:

• Violation of the Procedure and defendant’s rights to fair proceedings, which may be grounds for appeal
• Bringing charges of a felony when a person should be charged with a misdemeanor

Legal assistance and representation

Although the consequences are not that severe, some of them can be quite burdensome. That is why it is vital to have a defense attorney during such proceedings. Our law firm offers comprehensive legal services for individuals facing charges in this matter, including:

• Legal counseling and representation;
• Creating an effective defense strategy, based on a tailored approach after taking into consideration all variables in the case
• Active representation in all stages from investigation to appeal and before the Supreme Court
• Support during penal enforcement of the judgment after the trial.

Our offer is addressed to:

• Individuals, especially foreigners, facing charges regarding driving without a license in Poland: legal support to persons suspected or accused of driving without a license;
• Families of persons charged with driving without a license: assisting families in organizing defense and providing legal guidance for their loved ones during legal proceedings at all stages;

Conclusion

Driving without a license, although associated with a rather lower volume of criminality and danger to the public can result in some onerous consequences. The suspension of the license is the most problematic. It is possible to create a defense strategy against such charges and minimize the liability.

Make sure your rights are protected throughout the whole process. Also note that if you are a citizen of a foreign country and cannot speak the Polish language or cannot understand it, you do have a right for a translator to be present during every action including you.

Our law firm is dedicated to offering expert legal services for those involved in driving without license cases, from defending your case in court to helping you understand your rights and options.

Our team is committed to securing the best possible outcome for our clients. Don’t face the charges alone—contact us today for experienced and dedicated legal assistance.