What is Traffic Criminal Law?
Traffic criminal law is a collective term for traffic-related criminal cases. In most cases, violating traffic rules leads to a fine. This includes common offenses such as minor speeding violations or failure to yield. These violations are handled administratively through the Administrative Enforcement of Traffic Regulations Act (WAHV), also known as the Mulder Act. These violations are not recorded on your criminal record (Judicial Documentation). However, more serious traffic offenses are dealt with through criminal proceedings. These traffic offenses are recorded on your criminal record. Examples include excessive speeding (more than 30 km/h or 40 km/h on highways). Some other examples of such traffic offenses are:
- Dangerous driving behavior
- Reckless driving behavior
- Causing an accident resulting in death or injury
- Leaving the scene of an accident
- Driving under the influence
- Street racing
- Joyriding
- Driving without a license
How Does the Criminal Prosecution of Traffic Offenses Work?
If you are suspected of a traffic offense that is too serious to be handled administratively, the Public Prosecutor’s Office will initiate an investigation against you. In many cases, the police will want to question you during a police interrogation. After completing the investigation, the public prosecutor can decide whether to prosecute you. There are then various settlement options. First, the Public Prosecutor’s Office can choose to impose a penalty order. Usually, you will then be invited to a Public Prosecutor’s hearing. The public prosecutor can also directly submit your criminal case to the court. Depending on the severity of the offense you are suspected of, the case will be brought before the cantonal judge, the police judge, or the multiple-judge criminal chamber. You will then receive a summons. If you are suspected of a traffic offense, it is advisable to contact your criminal defense lawyer as soon as possible.
What Punishment Can You Receive for a Traffic Offense?
Depending on the severity of the traffic offense, you may risk imprisonment. If there are aggravating circumstances on top of that, such as reckless driving resulting in injury or death, the prison sentence can increase to up to nine years in jail. The punishment that can be imposed on you is very dependent on the circumstances of the case. For example, if you have previously been convicted of similar offenses, you will likely be punished more severely. We can inform you about what punishment you might expect.
Can a Conviction for a Traffic Offense Have Consequences for your Driver’s License?
If you are convicted of a serious traffic offense, your driving privileges may be revoked. This means you will not be allowed to operate motor vehicles for a certain period. Such a driving ban can not only be imposed by the judge. The public prosecutor is also authorized to do this independently, without the intervention of a judge. You will then be invited to a Public Prosecutor’s hearing. Never respond to this invitation without having sought advice from a criminal defense lawyer. Also, if you have received a summons, it is wise to contact your lawyer as soon as possible. For example, we can investigate whether there are special circumstances in your criminal case. We may be able to help you prevent a revocation of your driving privileges.
Why is it Advisable to Hire a Lawyer if You are Suspected of a Traffic Offense?
A conviction for a traffic offense can have unpleasant consequences. For instance, your driving privileges may be revoked, which can affect your work and private life. Additionally, you may risk imprisonment. Moreover, even after detention, you may still experience adverse effects from your criminal case, for example when obtaining a Certificate of Conduct (VOG). Our lawyers can help you minimize the negative consequences as much as possible. An experienced criminal defense lawyer knows what the judge looks for. We highlight the circumstances of your case in a way that maximizes the chance of success. Our lawyers prepare you for the hearing and assist you during the proceedings of your criminal case. If you are curious about what we can do for you, you can contact us without obligation.
Has the Police Confiscated your Driver’s License?
If you commit a traffic offense, in certain cases, the police can immediately confiscate your driver’s license. This is the case, for example, when exceeding the speed limit by more than 50 km/h. If your driver’s license has been confiscated, you are no longer allowed to drive vehicles for which your license was issued. Do you urgently need your driver’s license, for example for your work? Contact one of our experienced criminal defense lawyers as soon as possible. We will help you get your confiscated driver’s license back.
Have You Received a Penalty Order or Transaction Proposal?
If the public prosecutor believes that you have committed a criminal offense, in certain cases, they can impose a punishment themselves. You will then receive a transaction proposal or penalty order. You may even be invited to a Public Prosecutor’s hearing. If the public prosecutor plans to impose a driving ban on you, for example, they are legally obliged to “hear” you in person. During this Public Prosecutor’s hearing, the Public Prosecution Service can propose a penalty order to you. Both accepting a transaction proposal and a penalty order will be recorded on your criminal record (Judicial Documentation). Therefore, never accept a penalty order or transaction proposal before speaking with your lawyer. Our criminal defense lawyers are experienced in this area and can advise you.
