Dangerous or reckless driving can in Leiden lead to prosecution as an offense or in serious cases as attempted manslaughter. The penalty is determined by the degree of danger and the consequences of the behavior.
Article 5 WVW - Danger on the Road
According to Article 5 of the Road Traffic Act, it is prohibited to exhibit behavior that causes danger or obstructs traffic. This includes:
- Running a red light
- Tailgating
- Overtaking in prohibited places
- Driving without lights
- Using a mobile phone while driving
Article 5a WVW - Seriously Reckless Driving
Since 2020, Article 5a has been introduced to address extremely dangerous driving behavior. This applies to situations such as:
- Participating in street races
- Wrong-way driving on the highway
- Extremely speeding in residential areas
The maximum penalty is 2 years' imprisonment, even if there are no victims.
Consequences in Case of Injury or Death
If dangerous driving results in an accident with injury or death, the penalties are stricter:
- Article 6 WVW - Death by negligence: up to 3 years' imprisonment (6 years in case of recklessness)
- Article 6 WVW - Serious bodily injury by negligence: up to 1.5 years (3 years in case of recklessness)
Aggravating Circumstances for Penalties
The penalty can be heavier in circumstances such as:
- Use of alcohol or drugs
- Excessive speeding
- Fleeing the scene after an accident
- Driving despite a driving ban
Attempted Manslaughter
In very serious cases, reckless driving can be regarded as attempted manslaughter (Article 287 Criminal Code). This can lead to a penalty of up to 10 years' imprisonment.
Frequently Asked Questions about Dangerous Driving in Leiden
When is my driving considered reckless?
Driving behavior is considered reckless in cases of extremely dangerous actions such as street racing or wrong-way driving. Article 5a WVW, introduced in 2020, targets these cases. The police and prosecution determine on a case-by-case basis whether this label applies. The penalty can amount to up to 2 years' imprisonment without injury.
What are the consequences in case of injury or fatal victims?
In cases of injury or death caused by dangerous driving, the penalties are higher. For death by negligence (Article 6 WVW), the penalty is a maximum of 3 years, or 6 years in case of recklessness. For serious bodily injury, this is 1.5 years, or 3 years in case of recklessness. In addition, a long driving disqualification or compensation for damages may be imposed.
Can reckless driving lead to prosecution for manslaughter?
Yes, in extreme situations, reckless driving can be classified as attempted manslaughter (Article 287 Criminal Code). This applies, for example, to driving at high speed in a busy area. The maximum penalty is then 10 years' imprisonment, much higher than for standard offenses.
What happens if I do not stop after an accident?
Fleeing the scene after an accident is severely punished and can lead to an enhanced penalty. It is a separate punishable offense to leave the scene of the accident, especially in cases of injury or damage. You are obliged to stop and provide assistance.
How is it assessed whether my driving behavior is punishable?
Police and prosecution consider factors such as speed, traffic situation, and whether danger arose. Weather conditions and witness statements also play a role. In case of disagreement, a traffic expert may be called in. A lawyer can help contest the charge.
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Legal Aid Office Leiden, Stationsweg 46