Dangerous driving, also known as causing danger or hindrance on the road, is criminalized in Article 5 of the Road Traffic Act 1994 (WVW). Although this is not a crime but an infraction, the impact can be big: from high fines to a disqualification from driving.
In this article, we explain what is meant by dangerous driving, when prosecution takes place and how a specialized lawyer can help with your defense.
What does the law say about dangerous driving?
Article 5 WVW reads:
“It is forbidden for everyone to behave in such a way that danger on the road is caused or can be caused or that traffic on the road is hindered or can be hindered.”
This article is known as the catch-all article of the Road Traffic Act. The police and justice often use it when dangerous traffic behavior does not fall under a more specific traffic provision. Think of situations where someone’s driving behavior does not directly cause a collision, but does pose a danger or annoyance to others.
Examples of dangerous driving
Dangerous driving can manifest in different ways, for example:
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Driving through a red light at a busy intersection.
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Not giving right of way on a priority road.
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Driving too fast in a residential area or during road works.
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Braking suddenly without reason.
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Slaloming between vehicles or tailgating.
Not every dangerous moment in traffic is immediately classified as punishable. There must be a situation in which, objectively, danger or hindrance on the road has arisen or could have arisen.
Defense against an accusation of dangerous driving
Not every prosecution based on Article 5 WVW is justified. Two important conditions play a role:
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Culpability – You must be clearly to blame.
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Objective danger – It must be a situation that was actually dangerous or annoying.
An example from case law: someone who ran a red light in the middle of the night when the intersection was completely deserted was acquitted. Although the behavior was not correct, it did not pose a danger in that situation.
An experienced lawyer can assess whether there was a blameworthy and dangerous moment in your case. If that is not the case? Then acquittal can be plead.
Serious consequences: Article 6 and Article 5a WVW
When dangerous driving leads to a traffic accident with serious injury or death, prosecution can take place on the basis of Article 6 WVW: causing a traffic accident by fault. The penalties for this are considerably heavier, varying from lengthy disqualification from driving to imprisonment.
In addition, the law includes Article 5a WVW, which states that it is forbidden to behave in traffic in such a way that traffic rules are seriously violated, 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 profound. 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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Note on your criminal record (judicial documentation).
The chance of a driving ban is often the main reason to get legal assistance from a lawyer.
Why hire a lawyer for dangerous driving?
Are you suspected of dangerous driving? Then it is wise to engage a lawyer in a timely manner. 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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Plead for acquittal or a lower penalty.
In case of acquittal, the costs of legal assistance are fully reimbursed.
Help from Arslan Lawyers
At Arslan Lawyers, we have extensive experience with traffic law and cases around dangerous driving. We always investigate whether prosecution is justified and together with you, we will determine the best defense strategy.
Are you unsure whether you need legal assistance? Feel free to contact us. Especially when you run the risk of your driver’s license being taken away or you want to plead for acquittal, expert legal assistance is essential.
