The Road Traffic Act 1994 contains several provisions prohibiting dangerous driving behavior. First of all, it is forbidden for everyone to behave on the road in such a way that danger is caused. Behavior by which danger can<\/em> be caused is also prohibited. In addition, exhibiting driving behavior that causes or can cause a nuisance is also punishable. <\/p>\n\n In such cases, it is referred to as causing danger in traffic. This prohibition applies to everyone. Even someone who is not participating in traffic themselves can be guilty of this criminal offense. Examples of dangerous behavior include speeding and\/or ignoring traffic signs, but also, for example, blocking the road by parking incorrectly. <\/p>\n\n Causing danger in traffic is a minor offense (overtreding) and not a serious crime (misdrijf). This means that intent and guilt do not have to be proven to convict you of this fact. The fact that it was not your intention to cause danger or nuisance does not, in principle, stand in the way of a conviction. <\/p>\n\n The danger, nuisance, or the risk thereof must be sufficiently concrete. The mere fact that you commit a traffic violation does not automatically mean that you also cause danger or nuisance. To convict you of this offense, the court must determine that your actions caused or could have caused sufficiently concrete danger or nuisance. The behavior must therefore be sufficiently hazardous. The question of whether this fact can be proven depends largely on the specific facts and circumstances of the case. <\/p>\n\n Since causing danger in traffic is a minor offense, the penalties are generally lower than for other traffic offenses punished as serious crimes. The statutory maximum penalty is six months’ detention or a third-category fine (\u20ac6,700). In the majority of cases, the case will be settled by imposing a fine of several hundred euros. In the event of recidivism\u2014meaning you have been convicted of a similar offense before\u2014a disqualification from driving may also be imposed. The amount of the fine depends predominantly on your capacity on the road (pedestrian, cyclist, scooter rider, car driver, …), as well as the concrete behavior you exhibited. <\/p>\n\n Dangerous driving behavior that is relatively minor in nature will only be qualified as causing danger. However, the Road Traffic Act 1994<\/a> also provides for a separate criminalization of serious<\/em> danger in traffic. In these cases, it is often referred to as reckless driving behavior. Recklessness in traffic is not a minor offense but a serious crime. It is therefore a much more serious criminal offense. The law contains a list of traffic behaviors that can be classified as reckless: <\/p>\n\n This is not an exhaustive list. Other traffic behaviors can also\u2014when they are sufficiently serious\u2014be classified as reckless. <\/p>\n\n It will often involve a combination of behaviors leading to the conclusion that you drove recklessly. Think, for example, of a person driving at high speed through a built-up area, overtaking other vehicles on the left and right, and running a red light. On the other hand, it is not excluded that a single prohibited behavior is sufficient to assume recklessness. That single behavior must then be of sufficient seriousness in itself. <\/p>\n\n For a conviction for this crime, it must be established that you seriously violated the traffic rules. Your intent is also required for a conviction. The court must be able to determine that you had the intent to violate the traffic rules and to violate them to a serious degree. If that intent cannot be proven, you cannot be convicted of this offense. Although conditional intent (voorwaardelijk opzet) is already sufficient for this assessment. If it can be established that you were aware of the substantial chance of seriously violating the traffic rules through your behavior, and you consciously accepted that chance, that is sufficient for a conviction of that intent. For this assessment, the following are often considered: <\/p>\n\n Also, a violation of this prohibition can only take place \u201cin traffic.\u201d The scope of this provision is therefore more limited than \u201cnormal\u201d causing of danger in traffic. However, here too, the danger must be sufficiently concrete. The traffic violations must be of such seriousness and nature that, according to general rules of experience, it was foreseeable that life-threatening danger or danger of serious physical injury was to be feared. That danger must concern others. If you only put yourself in danger with your driving behavior, you cannot be convicted of this crime. <\/p>\n\n Reckless driving behavior does not have to lead to a traffic accident to be punishable. On the contrary, this penal provision was created precisely to be able to punish very dangerous driving behavior where, fortunately, no accidents occurred. In the past, such behaviors could only be punished based on the aforementioned minor offense: causing danger in traffic. However, the penalty imposed in those cases did not do justice to the seriousness of the behaviors committed. <\/p>\n\n When your driving behavior is the cause of a traffic accident in which another person suffers serious physical injury or dies, you will be prosecuted for another crime, namely causing death by negligence in traffic. However, if the behaviors that caused this accident can also be classified as reckless driving behavior, this will constitute an aggravating circumstance. <\/p>\n\n Recklessness in traffic is a serious criminal offense carrying heavy penalties. The statutory maximum penalty that can be imposed for this offense is a prison sentence of two years or a fourth-category fine (\u20ac16,750). <\/p>\n\n Here too, the actual penalty you receive will largely depend on your capacity within traffic (pedestrian, cyclist, car driver, \u2026) and the concrete traffic violations you commit, as well as the number of them. The guidelines range from relatively short community service sentences to long unconditional prison sentences and disqualifications from driving. <\/p>\n\n The article of law regarding recklessness in traffic explicitly mentions that the extent to which the suspect was under the influence of alcohol and\/or narcotics is taken into account. This is not only relevant in the assessment of the traffic behaviors, but also for the sentencing. So, if you seriously violated the traffic rules and were simultaneously under the influence of alcohol and\/or drugs, you can be punished even more severely as a result. <\/p>\n\n Dangerous driving behavior is a very broad term under which many different traffic behaviors can be categorized. The way these behaviors are qualified is very important for the actual criminal offense you are charged with. This is not only relevant to the question of whether that offense can be proven, but also to the question of what sanction you will receive for it. In addition to the penalties you can receive from the criminal court, a conviction can also give cause for the CBR to declare your driver’s license invalid<\/a>. <\/p>\n\nWhat penalties can you get for dangerous driving behavior?<\/h2>\n\n
What is the difference between dangerous and reckless driving behavior?<\/h2>\n\n
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Intent is required<\/h3>\n\n
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Must your behavior lead to an accident?<\/h2>\n\n
What penalties can you get for reckless driving behavior?<\/h2>\n\n
Why do you need a lawyer?<\/h2>\n\n