Recidivism in Traffic Offenses in Delft
In Delft, with its busy traffic around TU Delft and the historic center, recidivism in traffic offenses leads to stricter measures. A driver who commits another violation within a few years after a previous conviction faces higher fines, longer driving disqualifications, and harsher penalties. This system, enshrined in Dutch legislation, protects road safety and prevents repetition, especially on local roads such as the A13 or Rotterdamseweg.
What Does Recidivism Mean for Traffic Offenses in Delft?
Recidivism, or 'relapse', occurs when a driver commits a new offense for a similar traffic violation within 2 to 5 years after a judgment. This includes repeated speeding, driving under the influence of alcohol or drugs, reckless behavior, or running a red light. In Delft, the District Court of The Hague handles these cases and imposes stricter sanctions to maintain local safety.
This article builds on our overview of recidivism in traffic and focuses on the escalation from infractions to criminal offenses.
Legal Frameworks
Rules on recidivism in traffic offenses are set out in various laws:
- Road Traffic Act 1994 (WVW 1994): Articles 130 and 131 WVW limit sentence reductions for repetition within 5 years and extend driving disqualifications (e.g., from 8 to 21 days for alcohol level 220-320 Ug/l).
- Mulder Act (art. 175 et seq. Code of Criminal Procedure): Repeated infractions within 5 years escalate to criminal prosecution instead of a fine.
- Criminal Procedure Directive VI (Public Prosecutor's guideline): Recidivism aggravates penalties with imprisonment, higher fines, and longer disqualifications.
- Art. 57 Criminal Code: Limited sentence mitigation in cases of recidivism.
For serious offenses such as joyriding (art. 7 WVW) or fatal accidents (art. 6 WVW), penalties can increase by up to 200% under Public Prosecutor's guidelines, with hearings at the District Court of The Hague.
Impact of Recidivism for Delft Residents
Repetition results in harsher sanctions:
- Increased fines: From €400 to over €1,000 for repeated speeding.
- Extended driving disqualification: From 1 to 3-5 years, or conditionally permanent in severe cases.
- Criminal proceedings: Infractions become crimes punishable by imprisonment.
- Additional requirements: Traffic Offenses Education (EMV), license revocation, or electronic driving license (ERB).
Penalty Comparison: First Offense vs. Recidivism
| Offense | First Time | Recidivism (within 5 years) |
|---|---|---|
| Alcohol (220-320 Ug/l) | Fine €350-€400, disqualification 8-11 days | Fine €700+, disqualification 21 days, possible criminal proceedings |
| Speeding (30+ km/h over limit) | Fine €500+, disqualification 2-4 weeks | Fine €1,000+, disqualification 2-6 months, criminal proceedings |
| Using mobile phone | Fine €380 | Fine €760, possible disqualification on repetition |
Practical Examples from Delft
Example: Jan from Delft gets a fine in 2022 for speeding 50 km/h over the limit on the A13. In 2024, he repeats it in the city center: The Mulder Act triggers prosecution at the District Court of The Hague, resulting in a €1,200 fine, 3 months' disqualification, and EMV.
More serious: Lisa from Delft, convicted in 2023 for alcohol (580 Ug/l) with a 6-month disqualification, drives under the influence again in 2024: 2 months' conditional prison sentence, 2-year disqualification, €2,500 fine.
This illustrates the escalation and its impact on daily life in Delft.
Rights and Obligations in Cases of Recidivism
Rights:
- Hearing and right of reply at the Public Prosecutor's Office and District Court of The Hague.
- Objection to fine within 6 weeks.
- Lawyer via Delft Legal Aid Office for possible sentence reduction.
- Preliminary relief against disqualification at the Council of State.
Obligations:
- Cooperate during traffic stops.
- Pay the fine or transaction proposal.
- Attend EMV or IBS course.
- Report change of address to the justice authorities and Municipality of Delft.
Frequently Asked Questions
How long does recidivism apply for Delft residents?
Typically 5 years after the previous decision, under the Mulder Act and WVW. After that, it counts as a first offense.
Can you keep your license on repetition?
Possible in minor cases with ERB. Serious? Revocation. Advice available at Delft Legal Aid Office.
Does a paid fine count as a conviction?
Yes, a settled fine counts toward recidivism under the Mulder Act.
Different type of offense?
No, similar traffic offenses in the same category count.
Tips to Avoid Recidivism in Delft
- Attend preventive courses: EMV after a first offense, often via local providers.
- Seek help at Delft Legal Aid Office for advice.
- Be cautious in busy areas: Delft city center and TU areas.
- Check Municipality of Delft traffic campaigns for tips.