NEW: Can I Still Drive Until My Court Date? (Ireland)
- Patrick Horan
- 4 days ago
- 4 min read
Calm down and take a breath
Meta description: "Charged with a road traffic offence in Ireland? Find out if you're still allowed to drive before your court date — and what rare exceptions may apply. Calm, expert guidance from solicitor Patrick Horan."
Quick Answer
Q: Can I still drive after being charged with drink driving or another road traffic offence in Ireland?
A: Yes. In almost all cases, you can legally continue driving until your case is heard in court. In majority of cases a ban only follows a court order — after a conviction. Rare exceptions exist, but they’re typically limited to fixed charge notices or those already disqualified.
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You’re Not Off the Road — And You’re Not Off Track
If you've just been charged with a driving offence — whether for drink driving, drug driving, dangerous driving, careless driving, or hit and run — it’s natural to feel shaken.
"Most people charged with a driving offence
can — and do —
continue to drive until their case is resolved"
But often, when people ask me “Can I still drive until my court date?”What they’re really asking is:
“Am I already ruined?”
“Have I lost control of my life?”
“Will I still be able to go to work, drop the kids to school, live my life?”
Here’s what you need to know right now:
Being charged does not mean being disqualified.
In the vast majority of cases, as long as you have valid insurance, you are still legally entitled to drive.
Unless a judge has already made an order saying otherwise — and that’s rare — your licence is still valid.
You are not banned. You are not broken. You are still in control.
Why You Can Usually Keep Driving
In Ireland, you are presumed innocent until proven guilty. That means there is no automatic loss of your driving licence just because you were arrested or charged.
Disqualification is a serious penalty, and it can only be imposed after a court hearing — and only if the judge believes it’s warranted.
There are some exceptions e.g. where you pay a fixed charge notice, and you receive a disqualification for 3-6 months.
But in the vast majority of drink driving cases any disqualification that may be imposed will be imposed by a judge in court.
Over my 27 years working on both prosecution and defence sides of road traffic law, and having appeared in front of more judges across Ireland than almost any other solicitor, my experience is clear:
Most people charged with a driving offence can — and do — continue to drive until their case is resolved.
Common Offences Where You Can Still Drive Until Court
✅ Drink driving
✅ Drug driving
✅ Dangerous driving
✅ Careless driving
✅ Hit and run
If you have been arrested there is no automatic ban.
And unless you're already disqualified or facing an unusual situation, you remain legally entitled to drive.
The Rare Exceptions
There are some exceptions — but they are uncommon and typically involve one factor:
You were already disqualified at the time of the new offence.
In these rare cases, the court may ask you to enter the witness box and give a sworn undertaking not to drive again while the case is ongoing. This is a formal promise by you to the court.
And judges take these undertakings very seriously.
You’ll often hear a judge say something like:
“If you commit any road traffic offence between now and the end of this case, you’ll be sending yourself to jail.”
If that sworn undertaking is broken, it will lead to:
A fresh criminal charge
Possible contempt of court proceedings
Almost certain imprisonment
But again — this only arises in a small number of cases, usually involving repeat offenders.
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Why You're Not Disqualified Automatically
Here’s something most people don’t realise:
The time between being arrested and actually having your case heard in court can range from a few weeks to over a year, depending on where in the country you are.
If you were disqualified from the moment of charge — before any evidence is heard or judgment made — it would be:
Unfair
A severe hardship on your livelihood and family
Potentially unlawful
That’s why the vast majority of driving disqualifications only happen after a conviction. It’s a punishment — not a presumption.
What I’ve Seen in Practice
Having defended numerous of driving cases across Ireland — and prosecuted quite a few before that — I can say with confidence:
The overwhelming majority of people can continue driving until their case is finalised.
The system may be flawed in some areas, but on this point, it usually gets it right.
"You’ll often hear a judge say something like:
“If you commit any road traffic offence between
now and the end of this case,
you’ll be sending yourself to jail.”
Related Reading
Final Word
If you’ve been charged with a road traffic offence, it’s easy to fear the worst — especially if you rely on your licence for work or family.
But remember this:
You haven’t been convicted. You haven’t been banned. You’re not powerless.
In most cases, you are still legally entitled to drive until your court case is concluded.
Need Advice You Can Trust?
I’ve helped people across Ireland hold onto their licences, their confidence, and their dignity — no matter what they were charged with.
If you’re worried, get clarity early. Reach out for guidance that’s calm, clear, and focused on protecting your future.
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