In Rijswijk, dangerous or reckless driving behavior can lead to legal consequences, ranging from a misdemeanor to a charge of attempted manslaughter. The penalty is determined by the severity of the behavior and any consequences.
Article 5 WVW - Danger on the Road
According to Article 5 of the Road Traffic Act, it is prohibited to exhibit behavior that creates danger or obstructs traffic. Typical examples include:
- Ignoring a red traffic 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 crack down harder on extremely dangerous driving behavior. This article targets situations such as:
- Participating in street races
- Wrong-way driving on highways
- Extremely speeding in residential areas
The maximum penalty for this is 2 years' imprisonment, even if there are no victims.
Consequences in Case of Injury or Death
If reckless driving results in an accident with injury or a fatal outcome, heavier penalties are imposed:
- Article 6 WVW - Causing death by negligence in traffic: maximum 3 years, or 6 years in case of recklessness
- Article 6 WVW - Causing serious bodily injury by negligence: maximum 1.5 years, or 3 years in case of recklessness
Aggravating Circumstances
The penalty may be increased for factors such as:
- Influence of alcohol or drugs
- Extreme speeding offenses
- Fleeing the scene after an incident
- Driving despite a driving ban
Attempted Manslaughter
In exceptional cases, extremely reckless driving behavior may be regarded as attempted manslaughter (Article 287 Criminal Code). This can lead to a prison sentence of up to 10 years.
Frequently Asked Questions about Dangerous Driving Behavior in Rijswijk
When is driving behavior considered reckless?
Driving behavior is considered reckless in cases of extremely dangerous actions such as street racing, wrong-way driving, or excessive speeding in a residential area. Article 5a WVW, introduced in 2020, specifically targets these cases. The police and prosecution determine on a case-by-case basis whether this label applies, with a maximum penalty of 2 years' imprisonment without injury.
What are the consequences in case of injury or fatal accidents?
In cases of injury or death due to dangerous driving behavior, the penalties are stricter. For causing 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, driving disqualifications and compensation payments may be imposed.
Can reckless driving lead to a charge of attempted manslaughter?
Yes, in extreme situations, reckless driving behavior can be qualified as attempted manslaughter (Article 287 Criminal Code). This includes life-threatening actions such as driving at high speed through a busy street. The penalty can amount to up to 10 years' imprisonment.
What happens if I do not stop after an accident?
Fleeing the scene after an accident is severely punished and falls under penalty enhancement. This can lead to higher penalties, especially in cases of damage or injury. Moreover, leaving the accident scene is punishable in itself. You are obliged to stop and provide assistance.
How is it determined whether my driving behavior is punishable?
The police and public prosecutor assess whether your behavior has caused danger or obstruction. They consider factors such as speed, traffic density, and circumstances. In cases of uncertainty, an expert may be consulted. A lawyer can help if you believe the charge is unjustified.
For legal advice in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases are often handled by the District Court of The Hague, under which Rijswijk falls.