Recidivism in Traffic Offenses in Westland
In Westland, where traffic is intense due to horticulture, trucks, and tractors on roads like the N213, recidivism in traffic offenses results in harsher sanctions. A driver who reoffends within a few years after a prior penalty for a similar violation faces higher fines, longer driving bans, and stricter measures. This protects road safety in our region and prevents repetition.
What is recidivism in traffic offenses?
Recidivism, or 'relapse', in traffic law occurs when someone commits a new violation within 2 to 5 years after a judgment for a similar offense, such as running a red light, driving under the influence of alcohol or drugs, excessive speeding, or reckless behavior. In Westland, this is common on busy routes around Naaldwijk and 's-Gravenzande. This article builds on our overview of recidivism in traffic and focuses on the criminal escalation from violations to offenses.
Legal frameworks
The rules on recidivism in traffic offenses are set out in various laws and Public Prosecutor's Office (OM) guidelines:
- Road Traffic Act 1994 (WVW 1994): Articles 130 and 131 WVW limit sentence reductions for repeats within 5 years and extend driving bans (e.g., from 8 to 21 days for alcohol levels of 220-320 Ug/l).
- Mulder Act (art. 175 et seq. Code of Criminal Procedure): Repeated violations within 5 years can escalate to criminal proceedings instead of fines.
- Criminal Procedure Guideline VI (OM guideline on traffic offenses): Recidivism leads to aggravated penalties including imprisonment, higher fines, and extended bans.
- Art. 57 Criminal Code: Limited sentence discounts for prior convictions.
For serious offenses like joyriding (art. 7 WVW) or fatal accidents caused by negligence (art. 6 WVW), penalties can increase by up to 200% under OM guidelines.
Impact of recidivism
Reoffending leads to much harsher consequences, including:
- Higher fines: From €400 to over €1,000 for repeated speeding offenses.
- Extended driving bans: From 1 year to 3-5 years, or conditionally permanent in extreme cases.
- Criminal proceedings: Violations escalate to offenses with a risk of imprisonment.
- Additional sanctions: Mandatory Traffic Offenses Education (EMV), license suspension, or electronic driving license (ERB).
Penalty comparison: first offense vs. recidivism
| Offense | First time | Recidivism (within 5 years) |
|---|---|---|
| Alcohol (220-320 Ug/l) | Fine €350-€400, ban 8-11 days | Fine €700+, ban 21 days, possible criminal case |
| Speeding (30+ km/h over) | Fine €500+, ban 2-4 weeks | Fine €1,000+, ban 2-6 months, criminal case |
| Using mobile phone | Fine €380 | Fine €760, possible ban on repeat |
Real-life examples from Westland
Example: Jan from Poeldijk receives a fine in 2022 for speeding 50 km/h over the limit on the Westlandseweg. He repeats in 2024. Under the Mulder Act, it goes to criminal court at the Westland District Court: €1,200 fine, 3-month ban, and EMV course.
More serious: Lisa from Kwintsheul, convicted in 2023 for alcohol (580 Ug/l) with a 6-month ban, drives under the influence again in 2024. Result: 2-month suspended prison sentence, 2-year ban, and €2,500 fine.
This shows the escalation and its impact on daily life in our municipality.
Rights and obligations in case of recidivism
Rights:
- Right to be heard by the Public Prosecutor's Office and Westland District Court.
- Object to a fine within 6 weeks.
- Consult a lawyer via The Legal Aid Desk Westland for possible sentence reduction.
- Apply for interim relief at the Council of State against a driving ban.
Obligations:
- Cooperate with checks and stop immediately.
- Pay the fine or settlement.
- Complete EMV or IBS course.
- Report address changes to the justice system and Municipality of Westland.
Frequently asked questions
How long does recidivism count in Westland?
Typically 5 years after the previous fine or judgment, per the Mulder Act and WVW. After that, the clock resets.
Can I keep my license on reoffending?
In milder cases, possibly with a conditional ban or ERB. Serious recidivism often leads to revocation. Contact The Legal Aid Desk Westland.
Does a paid fine count as a conviction?
Yes, a settled administrative fine counts toward recidivism under the Mulder Act.
Does it differ by offense type?
No, similar traffic offenses like speeding and alcohol are aggregated.
Tips to avoid recidivism
Prevent reoffending with these steps:
- Take prevention courses: Start with the EMG course after a first offense.
- Seek local help: The Legal Aid Desk Westland offers free advice.
- Drive defensively: Be extra vigilant in busy Westland traffic.
- Monitor your driving: Use apps for speed checks and avoid distractions.