Repeated traffic violations lead to heavier consequences. The CBR may initiate a driving fitness investigation or impose mandatory training. In serious situations, a driving disqualification may follow.
What does recidivism entail?
Recidivism refers to the repetition of criminal acts. For traffic offences, convictions in the past five years are considered. For serious violations, this period may be extended.
Impact of recidivism
Harsher sanctions
Upon repetition of violations, the judge imposes heavier penalties:
- Higher fines
- Longer driving disqualifications
- More frequently a (conditional) prison sentence
Measures by the CBR
The CBR may impose various sanctions:
- EMA - Educatieve Maatregel Alcohol (course for alcohol misuse)
- LEMA - Lichte Educatieve Maatregel Alcohol
- EMG - Educatieve Maatregel Gedrag (training for behaviour)
- Driving fitness investigation - Medical or psychological assessment
Revocation of driving licence
In case of serious recidivism, the CBR may declare your driving licence invalid. You must then retake the exam to be allowed to drive again.
Points system in the Netherlands?
There is no points system in the Netherlands as in some other countries. However, the CBR does keep track of traffic violations via the driving licence register.
Rules for novice drivers
For new drivers (first five years after obtaining driving licence), stricter standards apply. A single serious violation may already lead to a driving fitness investigation.
Alcohol and recidivism
For repeatedly driving under the influence, specific rules apply:
- Mandatory courses as an alternative to the abolished alcohol interlock
- Longer periods of driving disqualification
- More frequent invalidation of the driving licence
Frequently asked questions about recidivism in Leiden
How far back does the judge look for traffic recidivism?
The judge normally looks at convictions from the past five years. For very serious offences, such as driving under the influence with major consequences, this may be longer. The CBR registers all violations in the driving licence register, so older cases sometimes count as well.
What are the consequences for novice drivers for a violation?
For drivers in the first five years after obtaining their driving licence, stricter rules apply. A serious violation, such as speeding or alcohol use, may directly lead to a CBR driving fitness investigation, with possible courses or revocation of the driving licence.
Can I lose my driving licence due to repeated speeding violations?
Yes, for multiple speeding violations within a short time or at extremely high speeds (e.g. more than 50 km/h too fast), the CBR may declare your driving licence invalid. You must then retake the exam.
What is the difference between EMA and LEMA?
EMA (Educatieve Maatregel Alcohol) is an intensive multi-day course for drivers with a high alcohol level (from 1.3‰) or repeated violations. LEMA (Lichte Educatieve Maatregel Alcohol) is a one-day course for lighter violations (0.8‰ to 1.3‰). Both are mandatory and cost money; failure to complete them results in invalidation of your driving licence.
How long can a driving disqualification last for recidivism?
The length of a driving disqualification varies depending on the severity of the violation and previous convictions. For recidivism, this can be several months to five years. For very serious incidents, such as fatal accidents due to alcohol, it can be even longer.
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46