In Utrecht, dangerous or reckless driving behavior can lead to criminal prosecution, ranging from a violation to a charge of attempted manslaughter. The penalty is determined by the severity of the situation 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 situations such as:
- 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 address extremely dangerous driving behavior. This article targets cases such as:
- Participating in street races
- Wrong-way driving on the highway
- Driving at extremely high speeds through residential areas
The maximum penalty for this is 2 years' imprisonment, even if no victims have been injured.
Consequences in Case of Injury or Death
If dangerous driving behavior 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 (6 years in case of recklessness)
- Article 6 WVW - Causing serious bodily injury by negligence: maximum 1.5 years (3 years in case of recklessness)
Aggravating Circumstances for Penalties
The penalty may be increased under certain circumstances, such as:
- Use of alcohol or drugs while driving
- Excessive speeding
- Fleeing the scene of an accident without providing assistance
- Driving despite a driving ban
Attempted Manslaughter
In exceptional cases, extremely reckless driving behavior may be classified as attempted manslaughter (Article 287 Dutch Criminal Code). This can lead to a maximum prison sentence of 10 years.
Legal Assistance in Utrecht
If you are faced with a charge of dangerous driving behavior in Utrecht, you can seek legal assistance from:
- Rechtbank Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht, Catharijnesingel 55, Utrecht
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, wrong-way driving, or extremely high speeds in built-up areas. Article 5a WVW, introduced in 2020, specifically targets such situations. The police and the Public Prosecution Service determine on a case-by-case basis whether the behavior falls under this category. A conviction can lead to a maximum of 2 years' imprisonment, even without victims.
What are the consequences in case of injury or fatal victims?
In cases of injury or death due to dangerous driving behavior, the penalties are stricter. For causing death by negligence (Article 6 WVW), the maximum penalty is 3 years, or 6 years in case of recklessness. In case of serious bodily injury, this can amount to 1.5 years, or 3 years in case of recklessness. In addition, a long-term driving ban or compensation for damages may be imposed.
Can reckless driving lead to a charge of attempted manslaughter?
Yes, in very serious cases, reckless driving behavior can be prosecuted as attempted manslaughter (Article 287 Criminal Code). This applies, for example, to extremely risky behavior, such as driving at high speed through a busy street. The penalty can then amount to up to 10 years' imprisonment.
What happens if I do not stop after an accident?
Fleeing the scene after an accident is heavily penalized and can lead to an enhanced sentence. Leaving the scene of an accident is punishable in itself. It is legally required to stop and provide assistance to victims.
How is it determined whether my driving behavior is punishable?
The police and the Public Prosecution Service determine whether your driving behavior was dangerous or obstructive. They consider factors such as speed, traffic conditions, and the degree of risk. If necessary, a traffic expert may be consulted. A lawyer can help you contest the charge if you believe it is unjustified.