Dangerous or reckless driving behavior can in Zoetermeer lead to prosecution as an offense or, in serious cases, as attempted manslaughter. The penalty is determined by the nature of the behavior and any consequences.
Article 5 Road Traffic Act (WVW)
According to Article 5 of the Road Traffic Act, it is prohibited to exhibit behavior that creates danger or obstructs traffic. This includes:
- Ignoring a red traffic light
- Tailgating
- Overtaking in prohibited places
- Driving without lights
- Using a mobile phone while driving
Article 5a WVW - Seriously Reckless Driving
Since 2020, Article 5a has been introduced to crack down harder on extremely dangerous driving behavior. This applies to situations such as:
- Participating in street races
- Wrong-way driving on the highway
- Extremely excessive speeding in built-up areas
The maximum penalty for this is 2 years' imprisonment, even if there are no victims.
Consequences in Case of Injury or Death
If dangerous driving behavior in Zoetermeer results in an accident with injury or a fatal outcome, heavier penalties are imposed:
- Article 6 WVW - Causing death by negligence in traffic: maximum 3 years (in case of recklessness up to 6 years)
- Article 6 WVW - Causing serious bodily injury by negligence: maximum 1.5 years (in case of recklessness up to 3 years)
Increase in Penalty for Aggravating Circumstances
In certain cases, the penalty in Zoetermeer may be increased, for example in case of:
- Influence of alcohol or drugs
- Extreme speeding offenses
- Failing to stop after an accident
- Driving despite a driving ban
Attempted Manslaughter in Traffic
In cases of exceptionally dangerous driving behavior, this may be regarded as attempted manslaughter (Article 287 Criminal Code). This can lead to a prison sentence of up to 10 years.
Local Information for Zoetermeer
For legal assistance in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Cases involving traffic offenses fall under the Rechtbank Den Haag, to which Zoetermeer is subordinate.
Frequently Asked Questions about Dangerous Driving Behavior
When is driving behavior considered reckless?
Driving behavior is considered reckless in cases of extremely dangerous actions such as street racing or wrong-way driving. Article 5a WVW, introduced in 2020, specifically targets this type of behavior. The police and the Public Prosecution Service determine on a case-by-case basis whether this label applies, with a maximum penalty of 2 years without injury.
What are the consequences in case of injury or fatal accidents?
In cases of injury or death due to dangerous driving behavior, the penalties are stricter. Causing death by negligence (Article 6 WVW) can lead to 3 years' imprisonment, or 6 years in case of recklessness. For serious injury, the maximum is 1.5 years, or 3 years in case of recklessness. In addition, a driving disqualification or compensation for damages may be imposed.
Can reckless driving lead to a charge of manslaughter?
Yes, in extreme cases, reckless driving behavior can be prosecuted as attempted manslaughter (Article 287 Criminal Code). This applies, for example, to driving at high speed through a busy area. The penalty can amount to up to 10 years' imprisonment.
What if I do not stop after an accident in Zoetermeer?
Failing to stop after an accident is severely punished and can lead to an enhanced penalty. Leaving the scene of the accident is a separate punishable offense. You are obliged to stop and provide assistance.
How is it determined whether my driving behavior is punishable?
The police and the Public Prosecution Service assess whether your driving behavior was dangerous, taking into account factors such as speed, circumstances, and risks. A traffic expert may be called in. A lawyer can help you challenge an unfair assessment.