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The police have confiscated your driver's license. What now?
Your driver's license may be confiscated by the police, for example, if you have been driving way too fast. The police may also proceed to revocation of your driver's license after excessive alcohol consumption. This often gets you into trouble because you desperately need your driver's license. For example, you cannot reach your work by public transportation, you are self-employed and have your own bus with tools, or you have meetings across the country. The (temporary) inability to drive motor vehicles can be a reason for an employer to fire you. If your driver's license has been revoked, it is important to take action as soon as possible to get your license back. It is wise to have the assistance of a specialized criminal lawyer.
When can the police revoke your driver's license?
Your driver's license can only be recovered under certain circumstances. For example, this is the case
- If you have seriously compromised road safety.
- If you have (suspected) too much alcohol in your blood. The limit is more than 0.8 promille for novice drivers and more than 1.3 promille for experienced drivers.
- If you refuse to cooperate with alcohol testing (breathalyzer or blood test).
- If you exceed the speed limit by more than 50 km/h (car) or 30 km/h (moped).
- If the police doubt whether you are fit to drive or physically/mentally fit to drive.
Can the police revoke your license if you drive under the influence of drugs?
In principle, the police may not revoke your driver's license if the some suspicion exists that you have been driving under the influence of drugs. There is more to this. The police can, however, revoke your license if it is suspected that you are no longer fit to drive a motor vehicle. This suspicion may arise, for example, in the case of concrete and serious danger to road safety, such as swerving. For driving under the influence, you may receive a summons at a later date or an invitation to a OM hearing. In that case, both the judge and the prosecutor may proceed to disqualification from driving. Are you suspected of the drunk driving? Then contact us as early as possible. We will be happy to advise you.
Must you comply with the police's demand to surrender your driver's license?
At the time the police impound your driver's license, you are required by law to "surrender" your license. If you refuse to surrender your driver's license, you are committing a criminal offense. You may even face imprisonment for doing so. You are therefore wise to surrender your driver's license if the police demand it. Then, as soon as possible contact with one of our criminal lawyers.
Are you allowed to drive at the time your driver's license is revoked by the police?
If your driver's license is revoked, you may no longer drive vehicles for which your license was issued. So this means that driving someone else's car is also punishable. In addition, a car license (category B) or motorcycle license (category A) automatically includes a moped license (category AM). This includes driving a moped, motorized bicycle, speed pedelec, motorized bicycle and micro-mobile. Thus, if your car license is revoked, it is not only prohibited to drive a car. Driving a scooter or moped is also punishable. If you do, you are committing a crime. You then risk imprisonment. We therefore advise you not to drive if your license is revoked. It is better to contact your lawyer. We can help you get your license back as soon as possible. Please feel free to contact us to discuss the possibilities.
What can you do against police revocation of your driver's license?
When your driver's license is recovered by the police, your license is sent to the prosecutor at the CVOM. The CVOM will decide within ten days of recovery whether your license will be returned. During this period, you may not drive any motor vehicle. The prosecutor may decide to keep your driving license in his custody until the criminal or court ruling in your criminal case goes into effect. By the way, the prosecutor is free to return your driver's license even before the end of your criminal case. If the prosecutor does not make a decision within ten days, your license must be returned. Has your driver's license been confiscated by the police and do you need it urgently, for example for work? Please contact us immediately. We will request the prosecutor to return your driving license within the ten-day period. Our lawyers are specialized in this field. They know how to best substantiate your request to increase your chances of success.
What can you do against the prosecutor withholding your driver's license?
The prosecutor may decide not to return your driver's license. He is authorized under certain circumstances to "hold" your driver's license until the criminal or court order in your criminal case goes into effect. Against the withholding of your driver's license by the prosecutor, you can make a substantiated request to the court to return your driver's license. This is called a complaint. You will then be summoned to appear at a hearing. Your complaint will then be heard. The public prosecutor will also be present. The court will assess whether your driver's license was properly confiscated and withheld. In addition, the court will assess whether your interest in getting your driver's license back outweighs the interest of traffic safety. An experienced criminal lawyer knows what the judge is looking for and how to put your best interests first. Our attorneys will file the complaint on your behalf. They will prepare you for the hearing and assist you during the complaint hearing.
How long can your driver's license be withheld by the district attorney?
The prosecutor is obliged to bring your criminal case to court or settle it himself through a criminal. If you are found guilty of a serious traffic offense, after recovery, you may be charged with disqualification from driving. You will then be temporarily banned from driving motor vehicles. Depending on the severity of the traffic offense, the duration of the driving disqualification can be up to five years. Not only the judge, but also the public prosecutor can impose such a driving ban for up to six months. The prosecutor will then invite you to a OM hearing. The withholding of the driver's license can then automatically turn into a disqualification. You will then lose your driving license for a while. However, the time that your license was already withheld will be deducted from the imposed driving disqualification.
Are you entitled to compensation if your driver's license was wrongfully revoked?
If your traffic criminal case ends without the imposition of a penalty or measure, you are entitled to compensation for the days your driver's license was withheld. This also applies if you are convicted of an offense for which, in hindsight, the driving license revocation was not authorized. If you have suffered damages because you were unable to dispose of your driver's license, we can claim compensation on your behalf. Consider, for example, lost income if you depended on your driver's license for income. We can also claim an amount of immaterial damages for you for each day your driver's license was withheld. Curious about the possibilities in your case? Please feel free to contact on.
Why is it wise to hire an attorney if your driver's license has been revoked?
The revocation of your driver's license often has far-reaching consequences. You, like many others, may depend on having a driver's license to perform your job. The (temporary) loss of your driving privileges may be grounds for an employer to fire you. We understand that the stakes may be high for you. This deserves attention and expertise. Your attorney can inform you of your options for getting your driver's license back as soon as possible. We will assess whether all conditions have been met in your criminal case to proceed with driver's license revocation. We highlight the circumstances of your case in a way that maximizes the chances of success. If you are curious about what we can do for you, please feel free to contact us without any obligation.
Have you received a criminal summons or been invited to an OM hearing?
Depending on the severity of the traffic offense, the District Attorney's Office may choose not to take your criminal case to a criminal court, but instead handle the case itself. You will then receive a transaction proposal or criminal sent to your home. You may also be invited to a OM hearing. You thereby run the risk of a criminal record (Judicial Documentation). In addition, during such an OM hearing, the prosecutor may proceed to disqualify you from driving. This can have major consequences for your work and personal life. Your attorney may be able to avoid these adverse consequences. Have you received a criminal summons or have you been invited to an OM hearing? Please contact us as early as possible.
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