A speed camera photo in your letterbox, an average speed check (section control) on your way to work or a police officer with a laser gun at the roadside: speeding is the most common traffic offence in Belgium. Usually it ends with a fine. But if you were driving far too fast, you will have to appear before the police judge (juge de police) and you risk a driving ban.
How serious the consequences are depends on how much you exceeded the limit, where it happened, how long you have had your licence and whether you have been convicted before. A good defence therefore starts with a careful reading of the file.
What are you facing?
- A fine. For a minor offence, you usually receive an offer of immediate payment (perception immédiate) or a settlement offer (transaction pénale). If you pay, the case is closed. In Flanders, minor speeding offences can also be punished with a municipal administrative fine (GAS/SAC fine).
- A summons. If you were driving more than 30 km/h too fast in a built-up area, a 30 zone, a school zone or a residential area (woonerf/zone résidentielle), or more than 40 km/h too fast elsewhere, you will not receive a fine offer. Instead, you will receive a summons (citation) to appear before the police court (tribunal de police).
- A driving ban. For a serious speeding offence, the judge will in principle impose a driving ban (déchéance du droit de conduire) of at least eight days and up to five years. In serious cases, the police can also take your licence away on the spot.
- Stricter rules for young drivers and repeat offenders. If you have held your category B licence for less than two years, a conviction automatically leads to a driving ban and a test. If you are convicted again within three years, you risk a driving ban of at least three months and four reinstatement tests (examens de réintégration).
How we handle your case
Our lawyers request the criminal file (dossier répressif) and check whether there is a concrete defence. Among other things, we look at:
- the measurement: was an approved and calibrated device used, was the correct margin of error deducted, and is your vehicle clearly shown in the picture?
- the road signs: was the speed limit sign there and was it visible? Where exactly did the zone begin?
- the police report (procès-verbal): was it sent on time, in the correct language and by a competent officer?
- the driver: were you driving yourself, and was the driver identified correctly and on time?
- the limitation period (prescription): a speeding offence becomes time-barred after three years.
If the offence is established, we work on the sentence. A clean record, the importance of your licence for your work and the circumstances of the journey can convince the judge to limit the driving ban to weekends, to suspend it (sursis) or to keep it shorter. We will also tell you honestly when paying is the wisest choice.