Recidivism in Traffic Offenses in Rotterdam

Recidivism in Traffic Offenses in Rotterdam

In Rotterdam, with its busy port traffic and hectic motorways like the A20 and Benelux corridor, recidivism in traffic offenses is a major problem. This happens when a driver reoffends within a few years after a previous penalty for a similar violation. The consequences include harsher sanctions, longer driving bans, and hefty fines. The relevant legislation safeguards road safety in our city and prevents repeat offenses.

What is recidivism in traffic offenses?

Recidivism, or 'relapse' in criminal law terms, involves a new violation shortly after a prior conviction for issues such as speeding, driving under the influence of alcohol or drugs, reckless behavior, or running a red light. In Rotterdam, this often occurs at hotspots like the Erasmus Bridge or Willems Bridge. The reference period is typically 2 to 5 years from the previous judgment.

This article builds on our broader overview of recidivism in traffic, focusing on the criminal escalation from fines to offenses.

Legal framework

Rules on recidivism in traffic offenses are set out in various laws:

• Road Traffic Act 1994 (WVW 1994): Articles 130 and 131 WVW limit sentence reductions for repeats within 5 years and extend disqualifications, e.g., from 8 to 21 days for alcohol (220-320 µg/l).
• Mulder Act (art. 175 et seq. Code of Criminal Procedure): Repeated violations within 5 years shift from administrative fines to criminal proceedings.
• Criminal Procedure Guideline VI (Public Prosecutor's guidelines): Recidivism aggravation results in higher prison sentences, fines, and driving bans.
• Art. 57 Criminal Code: Limited sentence mitigation for repeats.

For serious offenses like joyriding (art. 7 WVW) or fatal accidents (art. 6 WVW), penalties can increase by up to 200% under Public Prosecutor's guidelines. Cases in Rotterdam are handled by the Rotterdam District Court.

Impact of recidivism in Rotterdam

Repeat offenses lead to much stricter measures:

• Higher fines: From €400 to over €1,000 for repeated speeding on the Van Brienenoord Bridge.
• Extended driving bans: From 1 year to 3-5 years, or even conditionally permanent for gross negligence.
• Criminal proceedings: Infractions escalate to crimes with risk of imprisonment.
• Additional sanctions: Mandatory EMV course, license revocation, or electronic driving license (ERB).

Penalties: first offense vs. recidivism

Real-world examples from Rotterdam

Example: In 2022, Piet gets a fine for speeding 50 km/h over the limit on the A15. In 2024, he repeats it on the Maasvlakteweg: Mulder Act triggers criminal proceedings, with a €1,200 fine, 3-month driving ban, and EMV.

Worse: Maria, convicted in 2023 for alcohol (580 µg/l) in the city center, reoffends in 2024: 2 months conditional prison, 2-year ban, and €2,500 fine at the Rotterdam District Court.

This illustrates the escalation and its impact on daily life in Rotterdam.

Rights and obligations

Rights:

1. Hearing and right of reply before the Public Prosecutor and court.
2. Objection to fine within 6 weeks.
3. Lawyer for potential sentence reduction; free advice at Juridisch Loket Rotterdam.
4. Interim relief against disqualification via the Council of State.

Obligations:

• Cooperate with checks by Rotterdam-Rijnmond Police.
• Pay fine or transaction proposal.
• Complete EMV or IBS course.
• Report address changes to the justice system and Municipality of Rotterdam.

Frequently asked questions

Tips to avoid recidivism

Prevent escalation in Rotterdam:

• Preventive courses: Take EMV after first offense via Municipality of Rotterdam.
• Safe driving: Watch for port traffic and rush hour on the ring road.
• Seek help: At Juridisch Loket Rotterdam for fine advice.
• Adjust driving style: Use apps for speed limits in the city.