Recovery /reclaiming driving license
Having and keeping a driving license is extremely important to you. It is possible that due to driving under the influence of alcohol, due to medical reasons or for example by exceeding the maximum allowed speed, your driving license will be seized by the police.
Driving license declared invalid
In addition to criminal prosecution through the Public Prosecution Service, motorized road users can also be registered with the Central Agency for Driving Skills (hereinafter: CBR). This claim procedure at the CBR provides for the possibility to declare the driving license invalid after proven unsuitability, or the absence of driving ability.
Road Traffic Act 1994
This recovery procedure was included in the Road Traffic Act 1994. If there is a suspicion that the holder of a driving license no longer possesses the physical or mental fitness required for driving a motor vehicle, the police can report this in writing to the CBR.
EMA course, driving / driving suitability study
The CBR can then, on behalf of the Minister of Transport, Public Works and Water Management, decide to:
- compulsory participation in a three-day EMA or Light EMA course (educational measures alcohol to promote driving skills or fitness);
- subjugation to a study of driving ability or fitness to drive, after which, in the event of proven inadequacy, the driving license may be declared invalid;
- an educational measure of behavior and traffic;
The aforementioned procedures concern an administrative-law measure that is entirely separate from any criminal proceedings in which you can be convicted by a police court to pay a fine and / or a (un) conditional disqualification from the driving license.
Objection and legal assistence
Bracke-Advocatuur has specialized knowledge and experience in both criminal and administrative proceedings in this area. In the context of criminal proceedings, this may include petitions, legal assistance at the hearing.
Within the framework of administrative procedures, legal aid can be considered at the hearing, the preparation of a notice of objection, the oral proceedings at the administrative court, a request for provisional relief and the drafting of a notice of appeal.
