Driving without a licence?

[RedViking]

That's what I'm hoping but everyone I speak to has mixed theories. So I thought I'd ask the peeps at MB

If you need relationship advice. Also speak to us.

 

["D"]

If you need relationship advice. Also speak to us.

Case in point:

I usually have a licensed driver with me (my wife) when i go out but on this particular day i was alone.

Is that what you told your wife?

 

[Aghori]

It's very unfortunate, but you also didn't have a driving license... You need to remember that driving without a license is also a criminal offense, don't matter the circumstances... There is no lesser evil between you and the other driver, get off your high horse and write this off as a result of bad decision making because no one force you to drive without a license... You could have called an uber of whatever. Don't waste your money and time, you won't win

Driving without a license card in your posession is not a criminal offense. OP mentioned that he passed his test but was unable to procure a temporary license.

See a lawyer instead of taking advice from forums. You have a good chance of recovering your money.

 

[dunkyd]

Is your leg OK after the accident ?
Publish the name of your driving school to alert others.

 

[RonSwanson]

It's not a criminal offence. Its a traffic offence.

Traffic offences aren't criminal offences? what kind of offences are they then? Asking for a friend...

 

[NeonNinja]

Traffic offences aren't criminal offences? what kind of offences are they then? Asking for a friend...

Hmm. Good question. Because if you're driving 200km/h at a 120km/h zone and pay the fine aka admission of guilt, you can have a criminal record.

 

[RedViking]

Traffic offences aren't criminal offences? what kind of offences are they then? Asking for a friend...

I guess it can turn into a criminal offence?

Will let the Law experts explain this one.

 

[RedViking]

Hmm. Good question. Because if you're driving 200km/h at a 120km/h zone and pay the fine aka admission of guilt, you can have a criminal record.

That would be a criminal offence. Last I checked leaving your license on the kitchen table is not a criminal offence?

I know guy with the hat would like it to be a criminal offence.

 

[maxxis]

So... tell us about the actual accident. What happened?

 

[RonSwanson]

That would be a criminal offence. Last I checked leaving your license on the kitchen table is not a criminal offence?

I know guy with the hat would like it to be a criminal offence.

Ah, so what exactly is it that makes something a criminal offence?

 

[nazmo]

Seems you are licensed. And it's just a traffic offense to drive without one. If it was a criminal one then I have a criminal record which I don't. You have a case in court.

 

[Hemi300c]

Suing for damaged to my car, R35000 worth of damages, just want to know if i would also be considered an unlicensed driver by the court.

No you won't and no court will find you guilty of driving without a license if your facts are correct.

Not even a SA anc owned court will be so stupid.

 

[Cosmik Debris]

Doesn't really matter if you licensed or unlicensed. If the other driver was the guilty party they need to pay for the damages, license or unlicensed, doesn't matter. You just need to be able to proof beyond doubt they were the guilty party.

Speak to a lawyer. Snakes need money as well.

Nope. Unlicensed driver is automatically guilty as they should not have been driving at all. There would have been no damages if they weren't on the road.

 

[Cosmik Debris]

You are in the wrong for driving without a license. But both a licenses and unlicensed can cause an accident. Just because you didn't have a license doesn't mean you are automatically charged for reckless driving. Seeing that the other party was also unlicensed it is not like they can bring a case against you anyways as they are just as guilty.

Also, it seems like you are a licensed driver, but you just waiting for the actual license. So even for that fine you can explain to the court (regarding not having your license on you) what happened and they might even scrape the fine. The system should show that you are in face licensed, just waiting for your card.

Either way, chat to a lawyer.

An unlicenced driver should not be driving at all, thus they should not be able to cause an accident. Anyone without a licence becomes the guilty party even if the other driver is at fault.

 

[Cosmik Debris]

That would be a criminal offence. Last I checked leaving your license on the kitchen table is not a criminal offence?

I know guy with the hat would like it to be a criminal offence.

What offence is it then? Can you go to court or not?

 

[RedViking]

Ah, so what exactly is it that makes something a criminal offence?

The ones that makes it to your CV?

 

[RonSwanson]

The ones that makes it to your CV?

Nothing to do with that, it's to do with the 4 elements of a crime.

 

[RedViking]

Nothing to do with that, it's to do with the 4 elements of a crime.

Cool. Proceed

 

[RonSwanson]

Cool. Proceed

 

[RedViking]

Don't keep me hanging. Educate me!