Dangerous driving, also known as causing danger or obstruction on the road, is punishable under Article 5 of the 1994 Road Traffic Act (WVW). Although this is not a crime but an offense, the consequences can be significant: from heavy fines to a disqualification from driving.
In this article, we explain what is meant by dangerous driving, when prosecution occurs, and how a specialized lawyer can help you with your defense.
What does the law say about dangerous driving?
Article 5 WVW states:
“It is prohibited for anyone to behave in such a manner that danger on the road is caused or could be caused, or that traffic on the road is obstructed or could be obstructed.”
This article is known as the catch-all article of the Road Traffic Act. Police and prosecutors often use it when dangerous traffic behavior does not fall under a more specific traffic provision. Think of situations in which someone, through their driving, does not cause a direct collision, but does create danger or obstruction for others.
Examples of dangerous driving
Dangerous driving can manifest in different ways, for example:
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Running a red light at a busy intersection.
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Failing to yield on a priority road.
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Speeding in a residential area or near roadworks.
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Braking suddenly without cause.
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Weaving between vehicles or tailgating.
Not every dangerous moment in traffic is immediately deemed punishable. There must be a situation in which, objectively speaking danger or hindrance on the road has arisen or could have arisen.
Defense against an accusation of dangerous driving
Not every prosecution under Article 5 WVW is justified. Two important conditions play a role:
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Blameworthiness – It must be possible to clearly blame you.
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Objective danger – It must involve a situation that was genuinely dangerous or obstructive.
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 proper, it did not pose any danger in that situation.
An experienced lawyer can assess whether, in your case, there was a blameworthy and dangerous moment. If that is not the case, an acquittal can be argued.
More serious consequences: Article 6 and Article 5a WVW
When dangerous driving leads to a traffic accident resulting in serious injury or death, prosecution may be brought under Article 6 WVW: causing a traffic accident through negligence. The penalties for this are considerably more severe, ranging from a long-term driving ban to imprisonment.
In addition, the law includes Article 5a WVW, which states that it is prohibited to behave in traffic in such a way that traffic rules are violated to a serious degree, with danger to life or danger of serious bodily injury as a result. Think of extreme speeding or street racing.
Possible penalties for dangerous driving
Although Article 5 WVW is an infraction, the consequences can be significant. Possible sanctions include:
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A fine.
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A disqualification from driving (temporary loss of your driving license).
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An entry on your criminal record (judicial documentation).
The risk of a driving ban is often the main reason to seek legal assistance from a lawyer.
Why hire a lawyer for dangerous driving?
Are you suspected of dangerous driving? Then it is advisable to engage a lawyer promptly. A specialized lawyer can:
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Assess whether prosecution is justified.
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Investigate whether there was objective danger.
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Check whether the police followed the correct procedures.
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Argue for acquittal or a reduced sentence.
In the event of an acquittal, the costs of legal assistance are fully reimbursed.
Help from Arslan Advocaten
At Arslan Lawyers we have extensive experience with traffic criminal law and cases involving dangerous driving behavior. We always examine whether prosecution is justified and, together with you, determine the best defense strategy.
Are you unsure whether you need legal assistance? Feel free to contact us. Especially when you risk having your driver’s license confiscated or you wish to seek an acquittal, expert legal assistance is indispensable.
