CBR measure alongside a criminal case: why are there two procedures?

23 September 2026

Arslan Advocaten

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CBR measure alongside a criminal case: why are there two procedures?

A CBR measure is an administrative law decision on a person’s driving ability or fitness to drive, taken by the CBR, the Dutch driving licence authority. It can run alongside a criminal case about the same traffic incident. Have you received both a CBR decision and criminal case documents after a traffic incident? Keep the complete documents and write down the next deadline. Below you can read which legal questions, documents and next steps require attention. The assessment of your own situation depends on the specific facts and the applicable legal framework.

Nederlands: Lees dit artikel in het Nederlands: CBR-maatregel naast een strafzaak: waarom lopen twee procedures?

Türkçe: Bu makaleyi Türkçe okuyun: Ceza davasının yanında CBR tedbiri: neden iki ayrı prosedür yürür?

What does a CBR measure alongside a criminal case mean in legal terms?

A CBR measure is an administrative law decision on driving ability or fitness to drive. It can run alongside a criminal case about the same traffic incident.

The legal framework depends on the procedure at issue. Start with the full decision, the request or the registration and determine which authority is responsible for it. Have the applicable rules, the stage of the proceedings and any available legal remedies assessed separately.

An acquittal in the criminal case does not automatically end a CBR procedure. The standard of proof, the purpose and the legal remedies also differ.

What does the CBR assess and what does the Public Prosecution Service do?

Within administrative law, the CBR assesses whether there are grounds for a measure concerning driving ability or fitness to drive. The notification from the police, the decision and the applicable regulations form the starting point. The Public Prosecution Service (OM) does not have to prove the lawfulness of a CBR decision as part of a traffic offence.

In the criminal case, it must be examined separately whether the alleged criminal offence can be proven. An official police report may be relevant to both files, but that does not make the assessment frameworks the same.

Compare the factual starting points of both authorities. Report any error or inconsistency to your lawyer and keep the complete underlying documents. Discuss in which procedure and in what way a response should be given.

If a police interview is also involved

If, in addition to the question discussed here, a criminal investigation is under way and you are questioned as a suspect, you have the right to remain silent and the right to consult a lawyer. Ask beforehand in what capacity the interview is taking place. The rights and obligations in an administrative investigation or when being heard as a witness should not simply be equated with those of a suspect.

Remaining silent is not an automatic strategy for every case. Sometimes an early, verifiable explanation can prevent an incorrect picture from persisting. In other files, an unprepared statement carries risks of its own. Make that choice after discussing the known facts, the possible lines of inquiry and the documents that may support your explanation.

Read the official record of the interview carefully. Ask for a correction if your words have been recorded incorrectly or too categorically. Do not sign in a hurry. If you have difficulty with the Dutch language, discuss the use of a sworn interpreter in good time.

Which evidence should you secure?

In any event, keep the CBR decision, police data, medical information to the extent necessary, driving licence details, proof that your work depends on driving and the criminal case documents. Keep the original files available and make a working copy for your lawyer. Screenshots can be useful, but they often do not show the full conversation, its origin or the metadata.

Draw up a timeline with dates, persons and events. Separate what you observed yourself from what others told you. Note possible witnesses with a short explanation of what they observed themselves. Do not approach them to bring statements into line.

Do not delete or alter any data. Even information that seems unfavourable at first sight may be needed to understand the context. Report possible camera footage or other temporarily available sources quickly, so that your lawyer can assess whether securing them or further investigation is necessary.

Two letters about one traffic incident

A traffic check can lead to different files. The police may pass on information to the Public Prosecution Service for a criminal law assessment and to the CBR for an assessment of driving ability or fitness to drive. The fact that the same event is central does not mean that the authorities are answering the same question. A decision in one file must therefore always be examined separately for its significance for the other file.

Make an overview with two columns. Under the criminal case file, list the police letter, any confiscation of the licence, correspondence from the Public Prosecution Service and the hearing date. Under the CBR file, list the decision, the course or examination imposed, payment requests and response deadlines. Note who is responding to each item. This prevents a letter from being left unanswered because you think the other procedure already takes care of everything.

Tell your lawyer about both files, even if you initially only want help getting your driving licence back. A favourable criminal law decision may do little in practice if a valid administrative restriction also applies. Conversely, complying with a CBR obligation does not automatically mean that a criminal suspicion falls away.

Read exactly what the CBR has decided

A letter may concern a course, an examination, a suspension or a declaration of invalidity. These concepts have different consequences. Underline the decision itself, the statutory basis, the information on which the CBR relies and the instructions for lodging an objection. Keep all attachments. A summary given over the phone is not enough to determine the legal options.

Check the factual basis. Does it concern the right incident, are the date and identity correct and is it clear which observations were used? A substantive challenge requires specific documents. Merely stating that you consider the decision unreasonable does not yet make clear which part of the assessment you believe to be incorrect.

A medical examination may raise different questions from a course on driving behaviour. Share medical information in a targeted way and through an agreed secure channel. Ask what is needed for the assessment and who will receive the documents. A lawyer can help interpret the decision and the procedure, but does not replace a medical assessment by a qualified expert.

An objection and urgent relief are different steps

Check the notice of legal remedies straight away. Record the date of receipt, the date of dispatch and the method of filing, and have the applicable deadline assessed. A conversation with customer service or a request for an explanation is not necessarily a formal objection. Nor does a contact message to a lawyer mean that a legal remedy has already been lodged.

Do not assume that an objection suspends the effect of the decision. If the consequences are urgent, discuss whether an application for interim relief (voorlopige voorziening) is also necessary and possible. The procedure, the urgent interest and the substantive arguments are relevant in this respect. The need to drive for work can be substantiated, but it is no guarantee that the measure will be suspended.

Keep proof of dispatch and receipt of procedural documents. Agree who will submit supplementary grounds and which documents are still missing. If you are waiting for a file, the objection deadline must not be lost sight of in the meantime. Let your lawyer decide which timely procedural step is needed to protect your position.

Organising a course or examination in practice

An obligation that has been imposed also requires practical attention. Read payment instructions, appointment confirmations and attendance conditions. Note each separate date. An objection procedure may run alongside these obligations, so ask what you must continue to do while the objection is being dealt with and what consequences a failure to cooperate may have.

Report any problem with payment, illness or an appointment immediately through the channel indicated. Keep the response. Do not assume that an unanswered email automatically cancels the appointment. Ask for clear confirmation if a date is changed. This prevents later discussion about whether you cooperated sufficiently.

Prepare honestly for an examination. Collect the information requested and ask for an explanation of unclear instructions. Do not try to achieve a desired outcome by concealing complaints, medication use or relevant events. Incomplete information may complicate the assessment and create a new problem.

Getting your licence back does not always mean you may drive again

Before you start driving again, check the complete status: the driving licence document, the category concerned, any suspension or declaration of invalidity and any driving disqualification imposed in criminal proceedings. If letters contradict each other, ask for written clarification. A photo of a returned licence card is not a complete overview of all possible restrictions.

Make a realistic transport plan for the interim period. Record for your lawyer which work can only be carried out with transport, which alternatives exist and what an employer can state about this. Specific information is more useful than the general statement that you cannot manage without a driving licence. Do not drive in order to demonstrate how serious the problem is.

Recognising contradictory information in two files

Put the factual descriptions from the police letter, the CBR decision and any correspondence from the Public Prosecution Service side by side. Note differences in time, location, measurements or observed behaviour. For each difference, state where it can be found in the document. Not every difference is decisive, but a specific overview makes an investigation more targeted than a general complaint that the authorities contradict each other.

Also ask which document is the original source. A later summary may contain fewer details than the report on which it is based. Your lawyer can assess whether the underlying documents should be obtained and how a factual inaccuracy should be raised in the correct procedure. Do not blindly submit the same letter to every authority; the decision to be taken may differ.

Keep track of the replies you receive in an overview with the date and the next step. A request for additional information may have its own response date alongside an objection or hearing date that is already running. Agree who will check the post if you are temporarily away. A procedure keeps running while you are waiting for an explanation or an appointment.

For the distinction between an expired licence, an invalid licence and a driving disqualification, the explanation of driving without a licence or during a disqualification is relevant. If an accident involving injury is involved, read about fault in a road traffic accident. Coherent preparation means that each file keeps its own assessment and deadline monitoring, while relevant facts are shared consistently and completely.

Which steps can you take now?

Work in a fixed order, so that deadlines and evidence are not lost.

1. Keep the letter, summons or punishment order and note every date. 2. Request the file or the available information on the suspicion through your lawyer. 3. Collect original data and draw up a factual timeline. 4. Discuss your procedural stance before the interview. 5. After every decision, check the correct legal remedy and the deadline. 6. Coordinate parallel proceedings involving your employer, bank, municipality or the CBR.

A request for contact with a lawyer does not in itself safeguard any deadline. A short statutory deadline may apply to a punishment order, judgment or measure. So send the complete decision and state when you received it.

Get in touch for an assessment of the next step.

Which decisions can exist side by side?

Within the applicable framework, the CBR can impose a course or examination and take decisions on the validity of the driving licence. Read the specific decision and the conditions carefully. Not every letter has the same purpose or the same consequences.

In addition, the Public Prosecution Service can take a criminal law decision and a case can be brought before the court. A favourable outcome in one procedure does not automatically mean that the other procedure ends. So after every decision, check what is still ongoing.

Also have any costs, appointments and payment deadlines assessed. A dispute about the measure and a practical problem with carrying it out may call for different steps. Keep confirmations of changed appointments and ask for an explanation when two authorities provide contradictory information.

Which misunderstandings should you avoid?

A common problem is responding only to the letter that seems most urgent, while another deadline keeps running. So make an overview of all decisions and proceedings and agree who will take care of which response. A request for information is not automatically a formal legal remedy.

Another risk is sharing only a summary or a few screenshots. Your lawyer needs the full decision and the relevant attachments to assess your legal position. State what is missing and which documents are still being requested, so that an incomplete file remains recognisable as such.

Finally, do not confuse general information with a decision about your own situation. An example from an acquaintance or an earlier case may involve different facts and rules. Discuss your specific documents and have the next step confirmed, including the question of who is monitoring the deadline.

How does Arslan Advocaten approach this type of case?

Arslan Advocaten handles criminal cases from the interview stage through to the hearing and any legal remedy. The lawyer starts with the procedural documents, the deadlines and the next decision point. After that, the evidence, the legal classification and the personal consequences are assessed separately.

In practice, bottlenecks often arise because a client is involved in several proceedings at the same time. Think of a blocked bank account, a dismissal issue, a closure order or a VOG (certificate of conduct) problem alongside the criminal case. We first map out these lines, so that a response in one file does not unintentionally harm the position in another.

Frequently asked questions about a CBR measure alongside a criminal case

Why am I dealing with both the Public Prosecution Service and the CBR?

The Public Prosecution Service assesses the criminal law side of the incident. The CBR may assess driving ability or fitness to drive. Both processes can run side by side. Keep the correspondence separate and have the consequences and deadlines assessed together.

Does an acquittal stop the CBR procedure?

Not automatically. The procedures have different purposes and assessment frameworks. The significance of an acquittal depends, among other things, on the reasoning and on the information on which the CBR decision is based. Have this examined in concrete terms and do not ignore any CBR letter in the meantime.

May I keep driving if I lodge an objection?

An objection does not in itself give permission to drive and generally does not automatically suspend a decision. Check the current validity and restrictions. Discuss whether interim relief is necessary and possible before drawing conclusions about your entitlement to drive.

Do I have to take a course while my objection is pending?

That depends on the decision and any further decisions. Do not assume a postponement yourself. Ask which obligations continue to apply, keep confirmations and, if necessary, have it assessed whether temporary relief can be requested from the court.

Is my driving licence valid again as soon as the Public Prosecution Service returns it?

That does not simply follow from its return. A CBR decision or another restriction may also apply. Check all pending decisions and the licence category concerned before you start driving again. Have contradictory information clarified in writing.

Which documents are needed for an initial assessment?

Send the complete CBR decision with attachments, the date of receipt, correspondence from the police and the Public Prosecution Service and information about running deadlines. Only share medical documents to the extent necessary and through an agreed secure channel. Also mention any scheduled courses or examinations.

Having your case assessed

Do you have a decision, a summons or a question about your file? You can request an assessment through the contact form. State the next relevant date and only share sensitive documents through the secure channel agreed with us.

When is a prompt legal assessment advisable?

With a CBR measure alongside a criminal case, the next step must be tailored to the specific procedure. So have the available documents, the deadline and the purpose of a response assessed together. A lawyer can check which information is missing, whether further investigation is needed and which authority decides on your question. This makes clear what you can collect yourself and which formal step must be taken in time.

Prompt assistance is particularly advisable when an interview, punishment order, summons, seizure or measure has already been announced. Note the date of receipt, keep envelopes and digital messages and send the complete decision. Also discuss the consequences for work, licences, residence, insurance, your banking relationship or a VOG. These side effects sometimes call for a separate response with a deadline of its own. A specific assessment always depends on the file; general information is no substitute for personal legal advice.