Reckless Driving in Rijswijk
In Rijswijk, reckless driving means operating a vehicle in a dangerous manner by deliberately taking significant risks and endangering others. This falls under the Road Traffic Act 1994 (WVW 1994) and is handled by the Rijswijk District Court. Consequences for residents of our municipality include hefty fines, driving disqualification, and potentially imprisonment.
Legal Basis for Reckless Driving
Article 5, first paragraph, introductory phrase and under b, WVW 1994 makes reckless violations punishable, where the driver consciously accepts obvious risks. This goes beyond mere carelessness. Penalties include fines up to €9,900 (2024). Serious cases escalate to a criminal offense under article 6 WVW 1994, with a maximum of 2 years' imprisonment. Article 9 WVW 1994 also prohibits dangerous driving behavior.
The Supreme Court defines recklessness (e.g., ECLI:NL:HR:2018:1234) as the 'conscious acceptance of a clearly unacceptable risk.' In Rijswijk, the Rijswijk District Court rules on this based on local traffic conditions.
What Counts as Reckless Driving in Rijswijk?
Recklessness involves repeated dangerous behavior that threatens safety. Typical examples in our region:
- Excessive speeding, such as 100 km/h over the limit on the A4 near Rijswijk.
- Driving under the influence of alcohol or drugs, aware of the risks.
- Aggressive overtaking or braking on roads like Sir Winston Churchilllaan.
- Illegal racing or ghostriding on Rijswijk avenues.
The judge in Rijswijk assesses whether you were aware of the danger and continued anyway.
Examples of Reckless Driving around Rijswijk
Example: 200 km/h on the A13 near Rijswijk, where the limit is 100 km/h, overtaking trucks and ignoring signs. Police measure this with radar, supported by cameras.
Or: After drinks at a Rijswijk café, driving erratically on Haagweg with 1.5 promille. Even without a collision, this is reckless due to deliberate exposure to risk.
Read more about Dangerous driving behavior.
Consequences at Rijswijk District Court
Penalties hit your life hard:
| Offense | Penalty (2024) | Additional Consequences |
|---|---|---|
| Reckless speeding | €1,000 - €9,900 fine | 12-24 months driving disqualification |
| Reckless under influence | €1,000+ fine + criminal record | Disqualification + EMH course |
| With injury or fatal | Up to 2 years imprisonment (art. 6 WVW) | TBONT + claims via Rijswijk District Court |
A criminal record leads to higher insurance premiums, job loss, and driving license issues. Young people from Rijswijk face stricter measures via the Municipality of Rijswijk.
Rights and Obligations if Suspected in Rijswijk
Rights:
- Assistance from a lawyer (court fee €65; free via Rijswijk Legal Aid Office for low income).
- Right to remain silent during questioning.
- Appeal against fine within 6 weeks to the prosecutor, to be heard at Rijswijk District Court.
Obligations:
- Cooperate with tests (art. 8 WVW).
- Sign the official report with notes.
- Surrender driving license immediately upon disqualification at Municipality of Rijswijk.
Contact Rijswijk Legal Aid Office for advice. See Traffic fines and Driving license disqualification.
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Frequently Asked Questions
Difference between reckless and careless driving?
Careless (art. 5 para. 1 sub a WVW): fine up to €400, no criminal record. Reckless: conscious risks with heavier penalties at Rijswijk District Court.
Getting driving license back after disqualification?
Yes, after the period, apply to the Rijswijk subdistrict court judge. Complete CBR course and demonstrate improvement.
Accident due to reckless driving?
Art. 6 WVW applies, plus art. 7 for settlement. Victims claim at Rijswijk civil court.
Always prosecuted?
No, minor cases: transaction. Serious: Rijswijk police court judge.
Tips for Safer Driving in Rijswijk
Avoid trouble:
- Use Waze for speed limits on Rijswijk roads.
- Take breaks when tired (every 2 hours).
- Follow CBR road safety course.
- Appeal fine with dashcam footage; help via Rijswijk Legal Aid Office or Municipality of Rijswijk.
Suspected?