Dangerous driving behavior, also known as causing danger or nuisance on the road, is punishable in Article 5 of the Road Traffic Act 1994 (WVW). Although this is not a crime but a violation, the impact can be major: from high fines to a driving disqualification.
In this article we explain what is meant by dangerous driving behavior, when prosecution will take place and how a specialized lawyer can help you with your defense.
What does the law say about dangerous driving behavior?
Article 5 WVW reads:
“Everyone is prohibited from behaving in such a way that causes or may cause danger on the road or that hinders or may hinder traffic on the road hindered.”
This article is known as the capstone article of the Road Traffic Act. Police and judicial authorities often use it when dangerous traffic behavior does not fall under a more specific traffic provision. Consider situations in which someone does not cause a direct collision due to their driving behavior, but does pose a danger or nuisance to others.
Examples of dangerous driving behavior
Dangerous driving behavior can manifest itself in various ways, for example:
Driving through a red light at a busy intersection.
Not giving way on a priority road.
Driving too fast in a residential area or during roadworks.
Sudden braking without cause.
Slaloming between vehicles or tailgating.
Not every dangerous moment in traffic is immediately regarded as punishable. There must be a situation in which objectively speaking danger or nuisance on the road has arisen or could arise.
Defense against an accusation of dangerous driving
Not every prosecution under Article 5 WVW is justified. Two important conditions play a role:
Culpability – You must be clearly to blame.
Objective danger – It must concern a situation that was actually dangerous or annoying.
An example from case law: someone who ran a red light in the middle of the night, while the intersection was completely deserted, was acquitted. Although the behavior was not polite, it did not pose a danger in that situation.
An experienced lawyer can assess whether there was a culpable and dangerous moment in your case. Isn't that the case? Then an acquittal can be argued.
More serious consequences: Article 6 and Article 5a of the WVW
When dangerous driving behavior leads to a traffic accident with serious injury or death, prosecution can take place on the basis of Article 6 of the WVW: causing a traffic accident through negligence. The penalties for this are considerably heavier, ranging from a long-term driving ban to imprisonment.
In addition, the law has Article 5a WVW, which states that it is prohibited to behave in traffic in such a way that traffic rules are seriously violated, resulting in danger to life or serious bodily injury. Think of extreme speeding or street racing.
Possible penalties for dangerous driving
Although Article 5 WVW concerns a violation, the consequences can be drastic. Possible sanctions include:
A fine.
A driving disqualification (temporary loss of your driver's license).
Note on your criminal record (judicial documentation).
The risk of a driving ban is often the most important reason for seeking legal assistance from a lawyer.
Why hire a lawyer dangerous driving?
Are you suspected of dangerous driving? Then it is wise to contact a lawyer in a timely manner. A specialized lawyer can:
Assess whether prosecution is justified.
Investigate whether there was objective danger.
Check whether the police followed the correct procedures.
Arguing for acquittal or a lower sentence.
In the event of an acquittal, the costs of legal assistance will be fully reimbursed.
Help from Arslan Advocaten
At Arslan Advocaten we have extensive experience with traffic criminal law and cases involving dangerous driving behavior. We always investigate whether prosecution is justified and determine the best defense strategy together with you.
Are you unsure whether you need legal assistance? Please feel free to contact us. Especially when you run the risk of having your driver's license confiscated or you want to argue for an acquittal, expert legal assistance is indispensable.