Punishment of serious road traffic offenses

Nicolas-Joseph Cugnot; 1770 first traffic accident with steam engine against wall.age caption

1. Traffic rules in our country are more and more extensively regulated and are regularly changed. The problem with this is that for citizens this is a confusing tangle of rules that cannot be relied upon. This can also be linked to the fact that the different rules cannot be found in 1 general law, but can be found in certain laws and their different implementing decrees.

The penalties for these violations of these traffic rules are also regularly changed and are becoming increasingly severe. The legislator has divided the offenses you can commit into 4 categories, namely offenses of the 1st, 2nd, 3rd and 4th degree. The higher the degree of the violation, the more serious the violation and the heavier the penalty.

For certain serious traffic offenses, the legislator has provided specific rules and penalties, for example for hit and run, speeding offenses and alcohol intoxication or drunkenness. These are violations of traffic regulations that are severely sanctioned by the legislator in order to better enforce safety on the road.

For clarification purposes, an explanation is first given below about the most important penalties, after which it will be examined for each crime which penalties are imposed.

Explanation of the penalties

2. Fine :

The law imposes the minimum and maximum sum of the fine for each violation. These need to be increased with the additional percentages on fines. The judge has a margin of discretion between these amounts, but may not go above or below these amounts.

Article 69bis of the Road Traffic Act provides for a conversion of the fine into an expiry of the right to drive if the fine imposed is not paid within two months after the judgment. The duration of this expiry of the right to drive will depend on the judgment of the conviction, but it must not be less than 8 days and not longer than 1 year.

3. Expiry of the right to drive :

In some cases the judge can pronounce the expiry of the right to drive. Sometimes mandatory, sometimes optional.

In case of alcohol intoxication between 0.5 and 0.8 g / l, the judge can be asked to order a driving ban from Friday 8 pm to Sunday 8 pm (and similar on a public holiday).

The expiry of the right to drive means that you will be banned from driving for a certain period, which the judge will decide on the basis of the minimum and maximum period prescribed by law. In certain cases, the judge can or must make the revocation dependent on the passing of one or more tests or examinations.

4. This means that if you want to get your driving license back, you not only have to wait until the period for which the expiry of the right to drive has been pronounced expires, but you will also have to pass the tests and examinations, imposed on you by the court. So as long as you do not pass the tests or examinations, you will not get your driver's license back and the expiry of the right to drive will remain even if the specified period has already expired.

5. Cancellation due to incapacity to drive (art. 42 traffic act) can also be pronounced. This is a so-called protective measure and not a punishment. This can only be regained when it is demonstrated that the person is fit to drive again. A period of 6 months must be waited, and then the question can be asked. As a result, where as a rule a measure is (such as an appeal) suspends the execution of a conviction, this is not the case when such a measure is imposed (art. 43). It is then necessary to wait at least 6 months after the date of the decision before a revision can be requested from the Public Prosecution Service. In practice, the case is then still brought before the court.

6. The exams and tests that can be imposed are the following:

a theoretical exam;
a practical exam;
a medical examination;
a psychological examination.

In certain cases, the judge is obliged to impose one or all of these exams and investigations, if:

In the case of a driver who has not had his B driving license for more than two years (so-called young drivers) and commits an offense in which the expiry of the right to drive can be imposed, the court must make this expiry of right to drive depending on passing at least the theoretical and practical exams.
In case of recurrence within 3 years (driving with higher alcohol intoxication of 0.8 g / liter, drunkenness, drugs)

What should you do if you have been banned from driving?

7. If you have been banned from driving, you must hand in your driving license to the registry of the court where this decision was pronounced within 4 days of notification of the decision of the Public Prosecution Service. (Saturdays, Sundays and legal holidays are not included in the term).

You will then receive a written agreement for signature. In this agreement you can find a list of all recognized institutions and their locations where you can take the imposed exams and tests (in practice). You can indicate in this agreement where you wish to take the exams or tests. Please note, if you do not make a choice or if you do not hand in your driving license yourself at the registry, the Public Prosecution Service will inform you where you have to take the exams and tests. (which is usually the case in practice).

You will then receive a notice of appearance from the competent institution to take your tests and examinations.

You will be able to collect your driver's license when the period from expiry to the right to drive has ended. If, on the other hand, exams or tests are linked to get your driving license back, you will have to pass them first.

Hit and run

8. Flight crime is a crime to which very severe sanctions are linked by the legislator. The penalty that the legislator will impose for hit-and-run crime will depend on its consequences.

If you are involved in an accident and you commit a hit and run crime, the legislator will attach the following penalties:

imprisonment from 15 days to 6 months;
and / or with a fine of EUR 1,600 to EUR 16,000 (including an increase in surcharges).

The judge can decide here, depending on the circumstances, whether to impose both sentences or only one of the two. The judge may determine the penalty himself, but this within the legal margins imposed by the legislator. The first conviction is usually postponed for part of the sentence.

In addition, the judge can link an expiry of the right to drive motor vehicles to this. This is optional. The legislator determines that when an expiry of the right to drive is pronounced, this may apply for a minimum of 8 days and a maximum of 5 years.

On the other hand, if the hit and run accident resulted in assaults, injuries or death for a third person, much more severe penalties will be attached by the legislature, namely:

imprisonment from 15 days to 2 years;
and / or a fine of 3.200 euros or 40.000 euros (including surcharges);
and the expiry of the right to drive a motor vehicle for at least 3 months and at most 5 years. The judge can also decide that the driving ban applies permanently.

Here, as indicated above, the judge can also determine whether the prison sentence and the fine are imposed together or whether only 1 of the two sentences is pronounced.

Repetition of hit and run

9. If, after you have already been convicted of a hit and run crime and you are again convicted of a hit and run crime (with only material damage) within three years of the first conviction, the judge will sentence you to a prison sentence of 1 month to 2 years and / or a fine of 3.200 euros to 40.000 euros. (including surcharges).

However, if within three years after you have already been convicted for a hit and run crime, you commit another hit and run crime in an accident resulting in assault, injuries or death for another person, the punishment will be more severe, namely: a prison sentence of 1 month to 4 years and / or with a fine of 6.400 euros to 80.000 euros (including surcharges).

In case of repetition, the judge also has the obligation to impose an expiry of the right to drive of at least three months, which will be made dependent on the passing of the four exams and tests that were explained above in the explanation of penalties.

Violation of the speed limit

10. A second serious offense is violating the maximum speed limit.

The Royal Decree of 19 April 2014 on the collection and consignment of a sum when determining road traffic offenses stipulates that the police have the option of requesting immediate collection of the sum of 53 euros for the first 10 km per hour that you have driven too fast. For each kilometer that you drive too fast, depending on whether you drive in a built-up area, zone 30 or school environment, the fixed sum of 53 euros will be increased by 11 euros.

If the violation took place elsewhere than in the cases listed above, the sum of 53 euros will be increased by 6 euros per kilometer exceeded. If you comply with this immediate collection, you will no longer be summoned, except when certain limits are exceeded (see below).

If you exceed the permitted speed limit in the regulations and you are summoned, the judge will impose a fine of 80 euros to 4000 euros (including the surcharges).

When determining the fine, the judge will take into account the number of kilometers per hour that you have driven too fast.

11. In addition to this fine, you also risk the expiry of the right to drive for a minimum of 8 days and a maximum of 5 years, if the maximum permitted speed is exceeded by more than 40 kilometers per hour, or if you exceed the permitted maximum speed by 30 km per hour in a built-up area, zone 30 or school environment. In this case, the judge may opt not to impose the expiry of the right to drive, but he will have to motivate this.

The expiry to the right to drive can, however, optionally be imposed by the court if the permitted speed is exceeded by more than 20 km per hour but less than 30 km per hour or when you are outside of it, with more than 30 km per hour but less than 40 km per hour.

The diagram below clarifies this:

12. If you cause a traffic accident while you have exceeded the speed limit and in doing so, you inflict accidental blows and injuries to another person, the judge will mandatorily declare an expiry of the right to drive a motor vehicle for at least three months and will make this expiry to drive conditional upon passing the four examinations and tests outlined above.

If you have been given both a expiry of the right to drive and a fine for the same facts, the judge can possibly deduct the cost of these exams or tests if this expiry to the right to drive was linked to the participation to certain exams or tests, when they are imposed for the first time. After deduction of these costs, this fine may not be less than 1 euro. These costs and fees are recorded at Royal Decree.

Repetition

13. The minimum and maximum amounts of the fines imposed by law are doubled if you commit another conviction in relation to this offense within three years of the initial conviction.

Another consequence of repetition when this takes place within three years after the first conviction, is that the judge is obliged to rule that the right to drive a motor vehicle has expired for at least three months. This expiry to the right to drive must be made dependent on passing the four tests and examinations as indicated in the title : explanation of penalties.

Alcohol intoxication

14. The police often conduct roadside checks and do this by using the breath test where you have to blow and then the device displays the result. If this shows that you have exceeded the permitted alcohol quantity, this does not yet constitute valid proof to convict you on this basis. After this, a breath analysis or a blood analysis will be required.

First of all, it should also be noted that the driving license can be immediately withdrawn by the police, for a duration of 2, 3 or 6 hours, depending on the level of your alcohol concentration in the breath test or breath analysis.

15. Art. 34 § 2 of the Road Traffic Act imposes a heavier penalty, namely a fine of 1600 euros to 16,000 euros (including surcharges) in the following cases:

an alcohol concentration of at least 0.35 milligrams per liter of exhaled alveolar air, or the blood analysis indicates an alcohol concentration of at least 0.8 grams per liter of blood;
if you refuse to take a breath test or breath analysis or have refused to have the blood test taken for no legitimate reason;
if you didn’t issue your driving license when you were obliged or if you drove the vehicle during the period of the driving ban.

If you are the holder of a C1, C, C1 + E, C + E, D1, D, D1 + E or D + E driving license, or transport persons with a vehicle of a different driving license category but for which the same medical documents apply, then the boundaries indicated above will be tightened. The judge will be able to impose a fine if your alcohol concentration in the breath analysis is at least 0.09 milligrams per liter of exhaled alveolar air or in the blood analysis, your alcohol concentration is at least 0.2 grams per liter of blood.

In these cases, the judge can also declare the expiry of the right to drive for a minimum of 8 days and a maximum of 5 years. This is optional and is therefore not required.

If, on the other hand, you cause a traffic accident while you have exceeded the legal limits with regard to alcohol intoxication as indicated in art. 34 § 2 Road Traffic Act and you thereby inflict unintentional blows and injuries to another person, the judge will mandatorily declare a expiry of the right to drive a motor vehicle for at least three months and he will make this expiry of the right to drive conditional upon passing the four exams and tests as indicated above.

Drunkenness

16. Drunkenness is not determined by law, but this is determined by the Court of Cassation as: "t he condition of a person who no longer controls his actions permanently but does not require that he has lost consciousness of his actions".

So Drunkenness means that you are under the influence of alcohol (or other narcotics) to such an extent that you have lost permanent control over your actions.

Art 35 of the Road Traffic Act states that if you are driving a vehicle, in a state of intoxication or in a similar state as a result of the use of drugs or medicines, the court is obliged :

to impose a fine of 1.600 euros to 16.000 euros (including surcharges) and;
the expiry of the right to drive a motor vehicle for a period of at least 1 month and at most 5 years or permanently.

In case of the expiry of the right to drive, the court will make it compulsory to obtain the driver's license back depending on the passing of the practical exam and a medical examination. So you will only get your driving license back after the expiry of the period for which the withdrawal has been imposed by the court and on the condition that you have passed the practical exam and have undergone a medical examination.

There is no mandatory blood test to prove the state of intoxication. The judge who becomes aware of this violation may, according to the Court of Cassation, deduce the state of intoxication from any information that could lead him to his conviction. That is why you will be given a writing and arithmetic test by the police, you have to walk on a line, your attitude, behavior, breath, eyes (bloodshot in your eyes) will be checked. The state of intoxication must be proven at the time of driving the vehicle. Do not let this be an incentive to drive away, because then you will be convicted of hit and run.

Repetition drunkenness or alcohol intoxication

17. If, within three years after you have already been convicted of alcohol intoxication or drunkenness, you are again guilty of one of these offenses, the judge will impose a prison sentence of 1 month to two years and / or a fine of 3.200 euros. up to 40.000 euros (including surcharges).

If you commit one more of these offenses within three years of the conviction of the first crime, the limits of imprisonment and fines can be doubled.

Insurance

18. What is the effect of a drunk driving conviction on your compulsory motor vehicle liability insurance and your comprehensive insurance in respect of your vehicle?

Your insurer will pay the victim, but will request it back from you later.

Driving under a state of intoxication is regarded as a gross error and therefore offers the possibility of recourse.

What does this recourse claim entail?

Before it can bring this claim for recourse, the insurance company will have to comply with the notification obligation as well as be able to prove the causal link between the drunkenness and the damage to the third party.

She must therefore prove that the accident was caused by the fact that you were driving drunk and that the damage is the result of this accident. The causal link will therefore not be too difficult to provide if you are convicted of a traffic accident involving drunk driving.

The consequences are catastrophic when the victim was seriously hurt, of course first for the victim, but also for you. Admittedly, there are financial limits to this recourse.

If you are only convicted of alcohol intoxication, the insurance company will also try to claim recourse, even if this is not understood under Article 25 of the model policy. This only concerns driving while intoxicated.

With regard to the comprehensive insurance of your vehicle, the insurance company will try to not have to pay you the amount after the accident by invoking a (lapse) clause in the insurance contract whereby it excludes cover in the event of alcohol intoxication and drunkenness. However, she will have to prove that there was alcohol intoxication or intoxication and that there is a causal link between the alcohol intoxication or drunkenness and the claim. This is a very heavy burden of proof, but it still deserves your attention as an important consequence of drunkenness or alcohol intoxication.

If you would like more information about traffic legislation, be sure to read the following articles.

- Increased traffic legislation