Crossing on a white straight lane

marieVR
Topic Starter
Berichten: 4
Juridisch actief: Nee

Crossing on a white straight lane

#1 , 12 sep 2022 18:49

halo, i am just new on this forum.. i got my license since last january this year, but today i made a fout for crossing a straight white lane after i pass a tunnel (stupid of me) a police pass by and saw my violation.. the police wants me to pay normal 145euros but i said he can send the bill to my address.. but when he saw that my license was just recently then he started to made a PV to me which i don't understand fully because i am not a fluently dutch speaking, anyone knows what is the process of my violations? is there a chance that i only got fines? and no need to take the exam again either theorie or practical, i know i made mistake but i hope they won't let me do over again for my license :( :(

Jureca
Juridisch actief: Ja
Regio: België

Een juridische oplossing. Voor elk probleem, voor iedereen!

Benieuwd naar jouw juridische opties? Jureca begeleidt jou aan de geschikte oplossing. Klik hier om jouw situatie te beschrijven en we nemen binnen de 24 uur met jou contact op voor persoonlijke begeleiding
Likes
Berichten: 309
Juridisch actief: Nee

#2 , 12 sep 2022 19:14

You'll have to go to court since you don't have your driving license for 2 years.

The fine will be higher

marieVR
Topic Starter
Berichten: 4
Juridisch actief: Nee

#3 , 12 sep 2022 19:17

is there a chance that my sunctions will just to pay a boete? or they always need to decide direct to do the repeat theorie/pratical exams?

Reclame

Inazuma
Berichten: 9769
Juridisch actief: Nee
Contacteer: Website Twitter

#4 , 13 sep 2022 10:34

is there a chance that my sunctions will just to pay a boete?
As I told you on Gratis Rijbewijs Online, it is possible that this happens by error or far too much work for the public prosecutor (Parket van de Procureur des Konings).

If you do get a "onmiddellijke inning" (immediate fine) it's by error
If you get a "minnelijke schikking" ( a financial settlement) from the public prosecutor, it's either by accident or too much work
If you get any of these, pay it ASAP as the prosecutor's office only has 30 days after payment, to take you to court instead.

The normal procedure is that you go to court ... "in due time"

or they always need to decide direct to do the repeat theorie/pratical exams?
Having to redo exams is a form of punishment
This can only be ruled by a judge, after a trial.

If you're found guilty in said trail, because you have your driver's licence for under 2 years, the judge is legally required to revoke your licence to drive a motor vehicle for at least 8 days
(which also suspends any licence to operate boats and airplanes BTW ...)

To reinstate you to be allowed to operate motor vehicles, you have to pass the exam(s) the judge decides to punish you with ("herstelexamens")

marieVR
Topic Starter
Berichten: 4
Juridisch actief: Nee

#5 , 13 sep 2022 17:04

thank you once again for replying on this, i know i made a stupid mistake but this was my first offense also since i got my voorlopig until i pass my driver's license last january, since this is my first time i am in great panic for losing my right to drive or have to redo over again (i never heard about this law that jongere bestuurder had more consequences to take if got heavy violation) :( thats why i am looking an answers, possible answers everywhere, called some lawyers too but still i am not satisfied until i don't found someone that has the same situation as me.. i just want to be prepared for the consequences ( voorbeeld how much to pay for the boete) or do i need to get a lawyer..

may i ask again how long possible does it takes as u said 'in due time'?, the police mention to me also 'zeker theorie opnieuw doen' :(

i have a fear on driving now because i might make mistakes on the road again, since i had a record now of zware overtreding..

Inazuma
Berichten: 9769
Juridisch actief: Nee
Contacteer: Website Twitter

#6 , 14 sep 2022 10:51

but this was my first offense

Don't use that phrase in court ... no-one will believe it :idea:
called some lawyers too
It looks like you didn't even receive the Proces Verbaal yet - so a lawyer can't help you much at this stage yet

but still i am not satisfied until i don't found someone that has the same situation as me..
They're out there, but they too come asking for help & information, then disappear

i just want to be prepared for the consequences ( voorbeeld how much to pay for the boete)
The minimum juridical fine is 400€
First convictions usually end up at the minimum fine , if there are no aggravating conditions beyond the offence itself.

Part of this fine may be suspended for 3 years - meaning you don't have to pay that part, but if you're caught again in those 3 years, it'll bite back at you ...


Then there's about 350€ in assorted costs & fees when convicted ...

Plus it ends up on your criminal record

or do i need to get a lawyer..
You don't have to
You may go to the court and defend yourself
If you don't deny the offence, that's a good way to go - a lot cheaper overall too if you don't have to pay for a lawyer.

Just make sure either you or a lawyer shows up in court.

Check if your insurance covers legal assistance when you're being prosecuted for a traffic offence.

may i ask again how long possible does it takes as u said 'in due time'?,
Many months to a year before you get summoned to court

the police mention to me also 'zeker theorie opnieuw doen' :(
When convicted as a new driver category B, you have to redo at least either the theory or practical exam

Many judges will make it the theory exam, as that's easier
Quite a few judges regard the mandatory punishment as unnecessary harsh, and haphazard: this rule only applies to driver's licence B, not to new drivers in any other vehicle category.

i have a fear on driving now because i might make mistakes on the road again
Everybody makes mistakes on the road (and elsewhere)
Obviously you should try to minimise them, but don't let that stop you from driving (or from doing anything where you could make mistakes)

marieVR
Topic Starter
Berichten: 4
Juridisch actief: Nee

#7 , 14 sep 2022 21:57

indeed i haven't receive it yet, i was just over panic and overthinking what could have possible be the outcome, no i won't ever mention first offense or make any excuses (in case i need to go to a trial) because i also believe that 'ignorance of the law excuses no one', off course i am willing to accept whatever the punishment be.. but still also hoping for lighter punishment, anyway.. thank you once again for the much info and friendly advices, appreciate it a lot, it makes me feel a lil bit at ease, atleast :)

Terug naar “Wegcode & Verkeersovertredingen”