Driving licence seized? What you need to know about seizure, retention and driving bans

It can happen to anyone: you are stopped by the police and your driving licence is immediately seized. For example, because you were speeding or driving under the influence. What follows is often an uncertain period during which you are not permitted to drive and do not know exactly where you stand.

In this blog, we explain step by step what happens after your driving licence is seized, what options you have to contest the seizure and what you can expect from the criminal proceedings.

Driving licence seized: when is the police allowed to do this?

In the case of certain serious traffic violations, the police are permitted to seize your driving licence immediately. This is called seizure. From that moment on, you are not permitted to drive.

This occurs for example in the case of:

a. very high speeding offences; b. drink or drug driving; c. dangerous or reckless driving.

The police then forward your seized driving licence to the public prosecutor. The public prosecutor decides what happens next.

Decision by the public prosecutor: what happens after seizure?

The public prosecutor must make a decision within 10 days of the seizure of your driving licence. The public prosecutor can decide that your driving licence must be returned, or that your driving licence will be retained for a longer period.

If your driving licence is retained, you are temporarily not permitted to drive. It is important to know that this is not yet a punishment, but a temporary measure pending the criminal proceedings.

Getting your seized driving licence back: lodging a complaint

You can, whether or not within the 10-day period, submit a request for return to the public prosecutor. If the public prosecutor rejects this request and decides on retention, you can lodge a complaint (klaagschrift) with the court. In this complaint, you ask the judge to return your seized driving licence. The judge weighs not only the offence, but also your personal circumstances. Factors the judge may take into account include whether you need your driving licence for work, how serious the offence is, whether there is a history of repeat offending and how long the retention has already lasted.

In some cases, the public prosecutor or the judge decides that you will (temporarily) get your driving licence back.

The criminal proceedings: what does the judge decide?

After some time, the criminal proceedings will follow. The judge will then assess whether you have committed a criminal offence and, if so, what punishment is appropriate. Possible punishments include a fine, a community service order, a custodial sentence and/or a driving ban (ontzegging van de rijbevoegdheid). If a driving ban is imposed, you are not permitted to drive for the duration of that ban.

The period during which your driving licence was already retained must be deducted by the judge from the duration of the final driving ban.

When does a driving ban take effect?

A common misconception is that the driving ban begins immediately after the verdict. That is not correct.

The procedure works as follows:

a. The verdict must be formally served on you (formally handed over or sent); b. You must have physically surrendered your driving licence, if still in your possession; c. The driving ban takes effect on the 21st day after service.

This means that there is often still a period between the verdict and the moment at which you are actually no longer permitted to drive.

Driving during a driving ban: what are the consequences?

Driving while subject to a driving ban is a criminal offence. In practice, this frequently results in a custodial sentence or substantial fines. In addition, you will not be insured in the event of an accident.

Why a seized driving licence can have serious consequences

A seized driving licence often has far-reaching consequences, particularly if you are dependent on your driving licence for work or family. This is precisely why it is important to submit a request for return promptly and/or lodge a complaint, and to contest the underlying offence during the criminal proceedings.

In conclusion

Are you dealing with a seized driving licence, or are you facing a driving ban? Please contact our office. We will guide you through the entire process and advise you on the best strategy to get your driving licence back as quickly as possible.

Further information

If you have committed a serious traffic violation and are given a penalty for it, you will receive a penalty point on your driving licence. Would you like to know how penalty points on your driving licence work and what consequences this may have? Read our blog 'Penalty points on your driving licence: when do you get them and what are the consequences?' for a clear overview of the probationary licence, the penalty point system and the consequences of suspension or invalidation of your driving licence.