expired driver's license during accident

**JJ All Day** · August 10th, 2015 01:34 PM

For me these are two (2) separate cases.

Driving without license is against the law. In this particular case, however, the driver has a license but it is already EXPIRED. Failure to secure or renew a license does not make one automatically negligent or at fault in a car accident.

One must be shown to be careless or reckless before he can be held responsible. The fact that one was driving with NO LICENSE or WITH EXPIRED LICENSE is not a evidence of carelessness or recklessness. However, this leniency does not apply if one is caught driving on a SUSPENDED or REVOKED license.

The driver should have been cited for driving with expired license, and the other driver for traffic offense that caused the accident (including driving in the influence of alcohol). Kaya lang, pinalampas nyo eh!

**JJ All Day** · August 10th, 2015 01:44 PM

Originally Posted by Syuryuken

2 idiots yan napapala nyo pag expired wag ng magmaneho same sa nakainom.

Yung sa expired, pwede pa siguro [just face the consequence na pag nahuli ka, aside sa traffic violation na ginawa mo, pwede ka din tiketan for driving with expired license (which is mas mabigat)].. sa nakainom, it's a BIG NO (kahit pa may pambayad ka!).

Same lang yan sa mga professionals, pag ba ang doktor paso na ang lisensya, di na sya dapat manggamot?

**kimot** · August 10th, 2015 02:17 PM

Originally Posted by JJ All Day

Yung sa expired, pwede pa siguro [just face the consequence na pag nahuli ka, aside sa traffic violation na ginawa mo, pwede ka din tiketan for driving with expired license (which is mas mabigat)].. sa nakainom, it's a BIG NO (kahit pa may pambayad ka!).

Same lang yan sa mga professionals, pag ba ang doktor paso na ang lisensya, di na sya dapat manggamot?

not sure sa medicine pero for the nurses, you're prohibited to practice nursing kung expired and license mo.

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Originally Posted by JJ All Day

Yung sa expired, pwede pa siguro [just face the consequence na pag nahuli ka, aside sa traffic violation na ginawa mo, pwede ka din tiketan for driving with expired license (which is mas mabigat)].. sa nakainom, it's a BIG NO (kahit pa may pambayad ka!).

Same lang yan sa mga professionals, pag ba ang doktor paso na ang lisensya, di na sya dapat manggamot?

not sure sa medicine pero for the nurses, you're prohibited to practice nursing kung expired and license mo.

**pdspd** · August 11th, 2015 08:48 AM

Originally Posted by coiter

di naman dapat automatic na kung expired license mo is ikaw na lagi may kasalanan sa lahat ng aksidente. di naman yun directly related to or cause of the accident. there should still be an investigation on who was more reckless or negligent. pero malamang sa alam ng mga pulis natin at proseso nila, tatanchahin nila kung kanino sila mas madaling makakuha ng lagay at mas madali ngang sabihin na 'kasi expired na lisensya mo' kesa mag investigate pa sila

Sir,nagmamaneho or may drivers license ka ba?Hindi mo yata alam ang cnasabi mo eh.Expired pala license eh,bakit nagmamaneho?chka lakas ng loob nyo na i contest pa yan.D na kailangan mag imbestiga.

**pdspd** · August 11th, 2015 08:58 AM

Originally Posted by JJ All Day

For me these are two (2) separate cases.

Driving without license is against the law. In this particular case, however, the driver has a license but it is already EXPIRED. Failure to secure or renew a license does not make one automatically negligent or at fault in a car accident.

One must be shown to be careless or reckless before he can be held responsible. The fact that one was driving with NO LICENSE or WITH EXPIRED LICENSE is not a evidence of carelessness or recklessness. However, this leniency does not apply if one is caught driving on a SUSPENDED or REVOKED license.

The driver should have been cited for driving with expired license, and the other driver for traffic offense that caused the accident (including driving in the influence of alcohol). Kaya lang, pinalampas nyo eh!

Sir,ano ba tawag sa tao na hindi nagrenew ng lisensya pero nag d-drive pa?chka magkaiba ung violation ng driving w an expired license chka ung na involve sa vehicular accident w an expired license.

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Originally Posted by JJ All Day

For me these are two (2) separate cases.

Driving without license is against the law. In this particular case, however, the driver has a license but it is already EXPIRED. Failure to secure or renew a license does not make one automatically negligent or at fault in a car accident.

One must be shown to be careless or reckless before he can be held responsible. The fact that one was driving with NO LICENSE or WITH EXPIRED LICENSE is not a evidence of carelessness or recklessness. However, this leniency does not apply if one is caught driving on a SUSPENDED or REVOKED license.

The driver should have been cited for driving with expired license, and the other driver for traffic offense that caused the accident (including driving in the influence of alcohol). Kaya lang, pinalampas nyo eh!

Sir,ano ba tawag sa tao na hindi nagrenew ng lisensya pero nag d-drive pa?chka magkaiba ung violation ng driving w an expired license chka ung na involve sa vehicular accident w an expired license.

**XTO** · August 11th, 2015 09:09 AM

Next time di na nya hahayaang ma expired ang DL niya for sure. The other one, surely tuloy lang ang driving kahit nakainom - nakalusot na eh. Sana lang next time yung madadala na siya - tipong makinis ang mukha niya pero lalagyan ng turnilo mga tuhod niya

**ClaNker** · August 11th, 2015 09:15 AM

Originally Posted by sean-archer

Need advice mga Sir, we had this accident just recently, nabunggo (rear-end) kami ng kotse sa likod namin, both of our cars suffered damage, though no physical injuries. I think medyo nakainum yung guy kaya medyo hesitant pa sya makipagusap, ayaw rin nya pumunta sa police station, it was raining and gabi na rin. We took pictures. No police report was made that night, hinde kami tumawag ng pulis. We scheduled na paguusapan namin sa police station pag available na kami dalawa. Ang problema, yung kasama namin (the one driving the car) has an expired license (one month ago lang expiration).

The question is, totally separate na kaso ba yun ?, we'll just pay the penalties of driving with expired license, while yung nakabunggo should pay the damages kase sya ang nakabunggo? We're worried na baka bandang huli kami pa magpaayos ng lahat ng damages kase in the first place dapat hinde nagdridrive ang kasama ko with expired license? What do you think?

Mukhang naka inom yung bumanga sayo is now a case of your word against his. However, yang kasama mong driving with expired license is clear as night and day.

Talo ka. Never ever drive with an expired license.

**coiter** · August 11th, 2015 09:35 AM

Originally Posted by pdspd

Sir,nagmamaneho or may drivers license ka ba?Hindi mo yata alam ang cnasabi mo eh.Expired pala license eh,bakit nagmamaneho?chka lakas ng loob nyo na i contest pa yan.D na kailangan mag imbestiga.

yes po. more than 20 years na. alam ko po ang sinasabi ko dahil sa pagkonsulta sa isang prosecutor.

to TS, ito, baka makatulong though ang sinample na case dito ay driving without license, which is actually worse:

https://www.facebook.com/pnpregional...37577019598201

LEGAL ADVISORY May 22, 2014
SUBJECT: Driver who drives without license and meets an accident IS NOT AUTOMATICALLY at fault.

Believe it or not, there is a predominant belief among our traffic investigators, that a driver who drives without license and encounters an accident is automatically at fault, hence, to be charged for reckless imprudence, despite of the result of the investigation that the proximate cause of the accident is the other driver, though licensed one, or a pedestrian, in case the unlicensed driver, hits one.

Is it possible that an unlicensed driver who encounters an accident not liable for reckless imprudence?

Yes. It is very possible, and in fact, there is a jurisprudence supporting this proposition. We have discussed in our previous advisory that the basis of reckless imprudence resulting in deaths or physical injuries is negligence. As traffic investigators, we cannot “automatically equate” lack of license to that of negligence absence of others facts showing negligence. In other words, lack of license alone should not be made the sole basis for a conclusion of negligence. Rather, it must be coupled with other showings of negligence like over-speeding, drunk or drugged driving. In a case, the SC said:
“We do not see how lack of license could be the proximate cause of an injury. If a person, adult or minor, unlicensed to operate an automobile, is entrusted with one and operates it with that degree of care and skill that is required of a licensed operator, negligence cannot be predicated on the mere lack of license.” Opple vs. Ray, 195 N.E. pp. 81

To give an example: Santos, without or with expired license, drives a vehicle. He has been a driver for many years, or at least, evidence shows that he is a proficient driver. He drives his vehicle cautiously in the right lane within the speed limits. Then, Alex, on the opposite lane, with full speed, recklessly overtakes another vehicle, thereby colliding with the vehicle on the opposite direction being driven by Santos . SPO1 Ronald, the traffic investigator of your station, charges Santos for reckless imprudence, allegedly because according to him, a driver, who drives without license or expired license is presumed negligent under the law.

Is SPO1 Ronald correct?

SPO1 Ronald is not correct. It is very clear that the proximate cause of the accident is the negligence of Alex. The being unlicensed status of Santos does not have any connection with the occurrence of the accident. While it is correct that under the law, a driver who commits traffic violations is presumed negligent, this is only a presumption, that maybe overcome by overwhelming contrary evidence, in the case at hand, the clear negligence of Alex. The liability of Santos is maybe for violation of Traffic Code of the Philippines - driving without license and not for reckless imprudence.
Please share to all our traffic investigators for a good administration of justice...

**confused shoes** · August 11th, 2015 10:22 AM

Pag-usapan nyo na lang. Huwag mong sabihing expired ang license ng driver mo. Kung dadaanin nyo sa pulis, talo ka na ngayon dyan.

**kimot** · August 11th, 2015 12:39 PM

FB?

wala bang mas reliable source? LOL

*TS

kung sasabihin nyo talaga yung totoo na expired ang DL ng friend mo bukod sa 3k na fine eh baka di pa sya makapag renew ng DL.

In addition, the unlicensed or improper licensed driver shall be disqualified from being granted a driver's license and driving a motor vehicle for a period of one (1) year from the payment of the fine