- I caused a traffic accident near the intersection of Inogashira in Suginami-ward, Tokyo. There it became known that I drove without a license, then I got arrested by a police officer of Takaido Police Station of the Metropolitan Police Department…
- While on the Keiyō Road near Ryōgoku station in Sumida-ward, Tokyo, I was asked to question on suspicion of speeding by a police officer of the Metropolitan Police Department. At that time the driving under suspension was found, then I was questioned on suspicion of unlicensed driving…
1. Unlicensed Driving
When a person is identified as the suspect of unlicensed driving, the traffic violation payment system has no application to the offense. Therefore, the person is to be investigated immediately.
The traffic violation payment system is a system to deal with a case without going through criminal proceedings by paying traffic violation payment, regarding relatively minor traffic violations. However, it makes the shift to criminal proceedings if the offender did not pay the traffic violation payment or contests the case.
The criminal punishment of unlicensed driving is imprisonment with work for not more than 3 years or a fine of not more than 500,000 yen (Article 117-2(2)(1) of the Road Traffic Act)
▼Where Constitutes Unlicensed Driving
Unlicensed driving includes not only a case where one has never gotten a driving license but also the following cases.
- Driving under suspension
- Driving after revoking the license
- Driving knowing that the license is expired
- Driving a vehicle that the license does not permit to drive Ex) driving medium-size vehicle with an ordinary motor vehicle license
2. Aggravated by Unlicensed Driving
When unlicensed driving caused a traffic accident causing death or injury, the criminal sentence is aggravated as compared with in the usual case.
For details, see the page of By Case: Accident Causing Death or Injury.
3. Charge Against a Passenger in the Unlicensed Driving Case
Recently serious traffic accidents due to unlicensed driving became a social problem, so that the Road Traffic Act was amended to strengthen penalties. The amendment of the Road Traffic Act of December 2013 not only strengthened the penalties against those who drove a vehicle without a license but also provided for punishment for those who gets into/onto a vehicle that the driver will drive without a license together with the driver.
The Road Traffic Act prohibits any person from asking or relying on a driver to transport that person in a vehicle for which the person knows that the driver has not been licensed and getting into/onto a vehicle that the driver will drive without a license together with the driver. (Article 64(3) of the Road Traffic Act)
A person who violates this prohibition is to be punished by imprisonment with work for not more than 2 years or a fine of not more than 300,000 yen (Article 117-3(2)(1) of the Road Traffic Act).
▼Summary of Punishment for Unlicensed Driving
| Subject | Criminal Punishment & Statutory Penalty |
| A person who drive a vehicle without a license (Article 117-2-2(1) of the Road Traffic Act) | Imprisonment with work for not more than 3 years or a fine of not more than 500,000 yen |
| A person who gets into/onto a vehicle that the driver will drive without a license together with the driver (Article 117-3-2(1) of the Road Traffic Act) | Imprisonment with work for not more than 2 years or a fine of not more than 300,000 yen |
~Defense in the Unlicensed Driving Case~
1. Understanding the Backgrounds of the Unlicensed Driving and the Whole Picture of the Case
When the suspect is investigated or arrested by the police on suspicion of unlicensed driving, the case may end with a fine as long as the suspect is a first offender. On the other hand, a public prosecutor may request a trial and demands imprisonment with work in case where the suspect repeatedly conducts unlicensed driving or other similar acts.
A lawyer develops an appropriate defense policy after scrutinizing the backgrounds and motive of the unlicensed driving, the manner of the driving, and other circumstances, and understanding the whole picture of the case. While doing that, if there are some unavoidable circumstances for unlicensed driving, the lawyer persuasively asserts it and does defense for disposition as tolerant as possible including a decision not to prosecute.
2. Gaining Decision not to Prosecute, Reduce of Punishment, or Suspended Sentence
Where the fact of the unlicensed driving is disputed, a lawyer aims at a decision not to prosecute, reduction of punishment, or acquittal by asserting the circumstances in favor of the suspect or accused.
When the fact of the unlicensed driving is undisputed, the lawyer argues the mitigating circumstances after scrutinizing the mode, backgrounds, motive, number of times and frequency of the traffic violation, and criminal records. The lawyer persuasively asserts to a judge or public prosecutor that the suspect or accused will not conduct the unlicensed driving again because the environment to prevent recommitment such as cooperation by the family and medical treatment is organized. The lawyer also works on the settlement negotiation by telling the victim that the suspect or accused sincerely reflects on his/herself and apologizes to the victim, and paying the damage to the victim. Because the settlement is the circumstance that the case has been solved between the parties, it is an important point for a decision not to prosecute, reduction of punishment, or suspected sentence.
3. Early Release
Where the suspect got arrested and detained by the police for the unlicensed driving, a lawyer argues in a persuasive manner that the suspect or accused reflect on him/herself so that there is no risk of fleeing or concealing/destroying evidence, based on objective evidence. Once released early, the suspect can go to the office or school, which makes easier for the suspect or accused to get back into society smoothly.
You can receive the best advice from the lawyers who have rich experience in the unlicensed driving case at AICHI Criminal Cases Law Firm. Criminal lawyers provide for “the free consultation”. We also provide with “the first interview service” that our lawyer goes to a detention cell where the suspect is detained to have an interview, at the shortest on the day.
