Having and keeping a driving license is very important to you. It is possible that due to driving under the influence of alcohol, because of medical reasons or for example by far exceeding the maximum permitted speed, your license can be recovered by the police.
Driving license declared invalid
Besides a criminal prosecution by the Public Ministry, motorized road users can be notified to the Central Office of driving licenses (hereinafter, CBR). This application procedure at the CBR provides the opportunity to declare the driving license invalid after proved inadequate, or to the lack of driving skills.
Road Traffic Act 1994
In the dutch Road Traffic Act 1994, this procedure has been recorderd. If there is a suspicion that the holder of a driving license no longer have the physical or mental fitness required for driving a motor vehicle, the police can make a notification in writing to the CBR.
EMA course, driving ability test or Alcohol lock program
The CBR may, on behalf of the Minister of Transport, then decide to:
- mandatory participation in a three-day EMA course (educational measures to promote the skills and fitness), or;
- submission to a test (by a psychiatrist) of skills and fitness to drive, then when proven inadequate the CBR can decide to invalidation of the driving license;
- submission to a Alcohol lock program;
The above procedures concerns an administrative legal proceeding which is totally separate from any criminal proceedings were by the a magistrate you can be ordered to pay a fine and / or an (un) conditional disqualification.
Objection and legal assistence
Bracke-Advocatuur has specialist knowledge and experience in both criminal and administrative proceedings, in this area. In the context of criminal proceedings Bracke-Advocatuur can assist you with a written complaint and give you legal assistance at the court hearing.
In the context of administrative procedures (CBR) Bracke-Advocatuur can assist you with the preparation of an objection (written defence), accompany you to a hearing at the CBR or to the administrative court, and submit an application for temporary measures and give you legal assistance with the establishment of an appeal.