Driving licence confiscated: which decision has been taken?

If the police have taken your driving licence, it is important to establish exactly what has happened. Keep the receipt, note the date and collect any later letters from the Public Prosecution Service and the CBR. Confiscation (invordering), retention (inhouding), a disqualification from driving and a decision on the validity of the driving licence are not the same decisions.

A first consultation therefore starts with the document and the reason for it: for example, a suspicion relating to speeding, alcohol, drugs or dangerous driving. Being told verbally that you will probably get your licence back soon is not enough to start driving again. Have it checked which restrictions actually apply.

The Public Prosecution Service describes which procedure follows a confiscation. In principle, a decision on retention must be taken within ten days; weekends and public holidays may play a role in calculating the time limit. Do not start driving on the basis of your own calculation, and do not assume that the document should already have been returned. ^[J21]

Requesting its return: substantiating your interest in concrete terms

If you need your driving licence for work or to care for someone else, make that interest concrete. A job description, a work schedule or an explanation of the alternatives can say more than simply stating that you cannot manage without a car. Gather up-to-date information and show what changes in practice if you are not allowed to drive.

Your interest is weighed against the statutory conditions and the circumstances of the case. The mere need to commute to work does not guarantee the licence’s return. We discuss how to substantiate a request and assess which route is suitable. This may involve a request to the Public Prosecution Service or a complaint (klaagschrift) to the competent court. ^[J22]

A complaint about the driving licence is not the same as a substantive defence against the traffic offence. The court can rule on the retained driving licence while the criminal case has not yet been finally disposed of. So agree whether the assignment covers only the question of its return or also the further course of the criminal case.

Criminal case and CBR: two procedures side by side

A traffic incident can lead both to criminal proceedings and to a separate CBR procedure. A measure, examination or decision of the CBR has its own purpose and its own legal remedies. A favourable step in the criminal case therefore does not automatically mean that all driving licence restrictions have disappeared. ^[J23]

Keep the post from the two authorities separate, but have it assessed together for how it fits together. For each document, note the date, the obligation imposed and the information on legal remedies. A letter to the Public Prosecution Service does not automatically count as an objection to a CBR decision. Conversely, a response to the CBR does not automatically end the criminal case.

Even if the driving licence is physically returned, it must be clear whether you can legally use it again. If anything is unclear, ask for specific confirmation of its current status. Having the card and being entitled to drive are not the same in all circumstances.

A traffic fine is not always a punishment order

The route for an administrative traffic fine differs from the criminal law route. On letters from the CJIB, the letter codes help you recognise the type of decision. An M decision and an O punishment order must not be dealt with using the same standard text or time limit. Also look at the content and the information on legal remedies. ^[J11]

If you have received a punishment order, an objection may be possible. The time limit is usually fourteen days after personal service or after you became aware of it, with special rules for certain situations. Do not pay in advance if you want to challenge the order without discussing the consequences. ^{[J07] [J12]}

During the intake, we therefore first assess whether your question concerns a traffic fine, a punishment order, a driving licence decision or a summons. Sometimes several documents are part of the same incident. It is then important not to lose sight of any of the separate procedures or time limits.

Traffic accident and criminal suspicion

After a traffic accident, several questions may arise at the same time: what happened, was anyone injured, what information was recorded and what statement is being asked of you? A criminal law assessment is not the same as the civil question of who must pay for the damage. An insurer may also ask its own questions.

Keep information that you lawfully have, such as correspondence received, original photographs or documents about the vehicle. Do not alter any files and do not approach those involved to get them to change their statements. Discuss with your lawyer which information may be relevant and how it can be introduced carefully into the proceedings.

If you are interviewed as a suspect, ask for legal assistance. Your lawyer can discuss with you what information is known and how you understand your position in the proceedings. That discussion must be based on the facts, not on the assumption that every accident with serious injury automatically has the same criminal law outcome. ^[J01]

You can also contact us about other criminal cases

Our services in Eindhoven are not limited to traffic. You can bring your question to us in the case of an arrest, a suspicion of theft or violence, a fraud investigation, a seizure or a summons. What assistance we can provide is assessed during the intake. The nature of the case file and the available capacity determine the specific assignment.

If a bank or insurer also accuses you of providing incorrect information, a distinction must be made between that dispute and a criminal case. A registration or refusal of cover by a private party is not the same as a criminal conviction. Conversely, a criminal law decision does not automatically resolve every civil dispute. We discuss whether different areas of law need to be involved.

Even with an extensive case file, we start with the core: who is accusing you of what, which decision has already been taken and what needs to happen first? You do not need to include all case documents or details of other people involved in your first message. We agree on a suitable way of submitting them.

Preparing for a police interview and arrest

A suspect has the right to legal assistance before and during the interview. An invitation for an interview therefore deserves attention, even if you have not been arrested. Have it checked whether you are being approached as a suspect or as a witness. Those roles must not be confused when advising on answers and obligations. ^[J01]

If you are arrested, a duty lawyer can be arranged and you can name a preferred lawyer. That is not the same as an unlimited guarantee that any lawyer you want will be available immediately. Say whether someone is already acting for you and ask for clear confirmation when a takeover of the case is discussed. ^[J04]

For a family member, the place of detention, the known contact person and any necessary medical information are important. Coordinate practical communication and do not collect statements yourself by putting pressure on others. Our information on a family member who has been arrested provides an initial practical overview.

Seizure of your car is a separate question

A car may have been seized while the driving licence has also been confiscated. The return of one does not automatically mean the return of the other. So keep a separate overview of the vehicle seizure and the driving licence decisions. For the vehicle, ownership, lease and the stated reason for the seizure are also relevant. ^[J06]

Discuss in good time whether a request for return or a complaint is needed. Goods may be sold in certain circumstances; merely filing a complaint does not guarantee that this will not happen. Keep all notifications and ask for an explanation before you give up any property. We distinguish between your practical interest in using the item and the legal conditions for its return.

Going to the criminal court: case file, position and planning

When you receive a summons, we discuss the evidence, your position and your personal circumstances. An interest in keeping your driving licence may be relevant, but does not replace a substantive assessment of the charge. So bring the documents about work and transport in addition to, not instead of, the information about the incident.

The District Court of Oost-Brabant has several locations. Living in Eindhoven does not mean that every criminal hearing is held in Eindhoven. Follow the notice to appear or summons and discuss any uncertainties about attendance, an interpreter or being unable to attend in good time. A request for postponement is not the same as a postponement that has been granted. ^{[C06] [J15]}

After a judgment, short time limits for legal remedies may apply. Discuss straight away whether an appeal is possible and who will take care of any filing. Do not wait without advice until all practical consequences, such as a work schedule or a message from the CBR, are definitively clear. ^[J16]

Work, screening and realistic choices

A criminal case can create uncertainty about your work or a future position. Make those interests concrete during the meeting. If you need a Certificate of Conduct (VOG), state the intended position and the date of application. Judicial records and the assessment of a VOG are different subjects; a registration does not automatically mean a refusal. ^{[J09] [J10]}

We discuss an approach that takes account of both your legal position and your day-to-day situation. That does not guarantee that you will keep a driving licence, job or permit. A careful overview does, however, prevent an important interest from only being mentioned after a decision has been taken or a time limit has expired.

Our office at Croy and clear arrangements on costs

You can make an appointment with Arslan Advocaten at Croy 7C in Eindhoven. This is a fully fledged office where colleagues work. Our criminal law team works together across the firm; when accepting the assignment, we confirm who will handle your case. The profile of Melanie Schulpen describes her criminal law and juvenile criminal law practice. ^[K02]

The introductory meeting is free of charge. Further work, such as complaint proceedings or defence in the main proceedings, is discussed separately. We assess whether a legal aid certificate (toevoeging) is possible or paid assistance is agreed, and which other costs may arise. Also read our explanation of driving licence confiscation and the costs of criminal defence.