“I forgot my documents,” “it’s only a short distance,” “my licence is somewhere in a drawer” – behind each of these phrases lies a different legal situation and different consequences. Driving without a licence is not a single offence but several distinct categories, each carrying its own liability. It is worth knowing how to tell them apart.
Three Different Situations – Three Different Liabilities
A Forgotten Document
The simplest situation – the driver has valid entitlements but does not have the physical document with them. Since 1 October 2018 there has been no obligation to carry a physical driving licence while driving. The police can verify a driver’s entitlements in the CEPiK system without the document being produced. The absence of a physical licence is not an offence and carries no penalty.
Driving Without Entitlements
A more serious situation – the driver has never obtained a driving licence, or has permanently lost their entitlements and does not hold a valid licence to drive. This is a misdemeanour under Article 94 § 1 of the Code of Misdemeanours, carrying a fine of up to PLN 30,000. The court may also impose a driving disqualification.
Driving in Breach of a Disqualification – Two Separate Offences
The law here distinguishes between two situations.
Where a driving licence has been seized by an administrative decision – for example for exceeding the penalty points limit – driving despite that seizure is a criminal offence under Article 180a of the Criminal Code, carrying a fine, restriction of liberty or imprisonment of up to two years.
Where a court has imposed a driving disqualification – driving in breach of that order is a criminal offence under Article 244 of the Criminal Code, carrying a custodial sentence of between three months and five years. This is a more serious penalty, because breaching a court order is treated as contempt of the justice system. In both cases, driving in breach of the disqualification also interrupts the running of the disqualification period – the clock starts again from the beginning.
Possible Lines of Defence
Lack of Knowledge of the Licence Seizure
It sometimes happens that the driver genuinely did not know their licence had been seized – the administrative decision was sent to an outdated address or served in a way that did not reach the addressee. In such a case, a defence based on the absence of intent is possible – Article 180a of the Criminal Code requires the driver to have known about the seizure.
An effective defence requires demonstrating that the decision was not validly served and that the driver had no way of learning of the seizure. Courts approach this argument cautiously and require concrete evidence.
Necessity
A rarely used but in exceptional circumstances effective line of defence. Article 26 of the Criminal Code allows a defence of necessity where the driver acted to avert an immediate danger threatening a legally protected interest, where the danger could not otherwise be avoided, and where the interest sacrificed (compliance with the disqualification) was of lesser value than the interest protected.
The classic example is transporting a person to hospital in immediate danger of death where no other means of assistance was available. The court examines whether all the conditions were actually met in every case – the driver’s subjective conviction that action was necessary is not sufficient on its own.
Challenging the Circumstances of the Check
In some cases it is possible to challenge the correctness of the check itself – for example where documents were not properly served, where an administrative decision is defective or where proceedings were initiated in breach of procedural rules.
What to Do After Being Stopped
Stay calm and do not argue with the officers at the scene. You have the right to decline to make a statement until you have consulted a lawyer – and it is worth exercising that right. Hasty statements made immediately after being stopped can make a later defence more difficult.
Contact a lawyer as soon as possible – ideally before the first interview. In cases involving the criminal offences under Articles 244 or 180a of the Criminal Code, acting quickly can materially affect the outcome.
How to Recover Driving Entitlements
The route to recovering a driving licence depends on the reason for its loss.
After an administrative seizure period expires, it is sufficient to apply to the relevant district authority for the return of the document. After a court disqualification of less than one year – the same applies. Where the disqualification lasted one year or longer, medical and psychological examinations must be passed and a competence test sat. Where the disqualification lasted more than three years, the full driving test is required, as when obtaining a licence for the first time. Where entitlements have been revoked, the entire procedure for obtaining a driving licence must be completed from scratch.
Contact Us
Driving without a licence – whatever the circumstances – is a situation in which it is worth consulting a lawyer as soon as possible. The correct classification of the conduct and prompt action can materially change the outcome.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
