Audacia Abogados

How are you punished if you drive without a license?

What fines can you get if you drive without a permit?

Criminal law
How are you punished if you drive without a license?

Driving without a license is a crime against road safety described as such in article 384 of the Penal Code that has legal consequences. This regulation includes both drivers of cars and motorcycles.

When is it classified as a crime and when is it assessed as an infraction?

It is classified as a crime when any of the causes that we put below take place:

- Loss of all points of the driving license.

- Loss of driving license by court decision.

- Not having a driver's license and driving a vehicle.

Elsewhere, it is assessed as an infraction when:

- The driver's license is foreign and has not been equated in Spain.

- The driving license has expired and has not been renewed.

-The driver has lost all points and can show that he was unaware of it.

- The driver has forgotten or lost the license.

Penalty for driving without a license

Driving a motor vehicle in cases of loss of validity of the permit due to total loss of points, driving after a judge has taken away your license and driving without a license for never having taken it out are actions constituting a crime. They are specified in art. 384 of the Criminal Code and punishable by prison terms of three to six months, or a fine of twelve to twenty-four months.

On the other hand, if the infraction does not come to be valued as a crime, it could be a serious or very serious administrative infraction depending on how you have excelled. The amounts of the sanctions range between:

- Driving a vehicle when your license has been annulled, is not valid, or driving with a foreign license that does not authorize you to drive in Spain are considered very serious offences, which carry a fine of 500 euros.

- Taking a vehicle with a permit that is not for driving said vehicle is also a very serious offence, which entails a fine of 500 euros.

- Driving the vehicle without valid authorization in Spain, but with an equivalent foreign license and capable of being exchanged or holding a community permit, without having renewed it during its period of validity once residence in Spain has been acquired is a serious offense that involves a penalty of up to 200 euros.

- Driving again after the removal of the license without having completed the mandatory re-education and road awareness course is a serious offence, punishable by a fine of 200 euros.

- Driving a superior category motorcycle without having a class A permit, it is also a serious offense punishable with 200 euros.

In all these infractions, apart from the corresponding financial fine, you will also be deducted 4 points in the following cases:

• When you drive a vehicle with a driving license that does not qualify for it.

• When you drive while the administrative authorization to drive is suspended.

• In the event that you are prohibited from using said vehicle.

Can I appeal this type of fines?

All traffic complaints can be appealed, although this guarantees that the cancellation of the fine is achieved. The chances of it being annulled will increase taking into account the amount of evidence you can provide that shows that the reported infringement is not correct because it does not comply with current legislation or because the facts indicated are not true.

You should not forget that you can pay these complaints with a 50% discount for prompt payment, in which case, you will not be able to appeal them. To be more specific, if you go to war against the DGT and in the end they do not remove the fine, you will have to pay the full amount.

What happens if I get caught driving a company vehicle without a license?

The criminal consequences for you as a driver are the penalties you face for committing a crime: jail terms of three to six months or a fine of twelve to twenty-four. Criminal responsibility is individual, so you will be considered the author of the crime and will have to answer criminally.

If you drive without a license and cause damage to a third party, the compulsory insurance will initially assume the payment of the damage.

If the vehicle does not have insurance, both the owner of the car, that is, the company, and the driver who caused the damage will have to respond. Therefore, they will have to repair all the damages caused to urban furniture, other cars, injuries, medical expenses of the possible injured, except that they can prove that the vehicle was stolen by a third party.

How can I get my driving license back if they take it away?

If your card has been taken away by judicial decision, when you complete your sentence and civil liability, the judge will return it to you.

However, even if your driving license is returned to you, it will not be valid and will not allow you to drive until you complete the full points recovery course. If the criminal sentence were to exceed 2 years of card withdrawal, apart from taking the course, you will have to pass the corresponding theoretical exam, thus providing you with a new balance of points.

Legal reference:

Organic Law 10/1995, of November 23, of the Penal Code.

Criminal law

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