Traffic Law

Road Traffic Law Attorney in Belgium

Mis à jour en février 2026

A speed camera flash, a positive breathalyser test, a hit-and-run accident: road traffic offences can have serious consequences - hefty fines, licence withdrawal or disqualification, even prison for the most serious cases. Belgian road traffic law, regularly tightened in recent years, provides an escalating scale of penalties: from first-degree offences (obstructive parking) to fourth-degree offences (seriously endangering others). Faced with a summons to the police court, a drink-driving charge, or licence withdrawal, motorists often feel helpless. A specialised lawyer knows the procedures, defence arguments, and ways to limit the consequences of an offence.

The road traffic lawyer: keeping your licence

For many drivers, a driving licence is vital: essential for work, for taking children to school, for maintaining a social life. Losing it can have dramatic consequences.

The road traffic law specialist knows the subtleties of this area. They know when to challenge a fixed penalty notice (procedural error, radar calibration defect, breathalyser validity conditions not met), when to plead mitigating circumstances, when to request a suspended sentence or alternative measure.

They also master local peculiarities. Some police courts are reputed to be stricter than others; some prosecutors more readily propose settlements; some judges are receptive to specific arguments. This local knowledge makes the difference.

Finally, the lawyer prepares you for the hearing. At the police court, the defendant's attitude matters: acknowledging wrongdoing, presenting guarantees against reoffending, showing efforts made (psychological follow-up, rehabilitation treatment) can favourably influence the sentence.

Road traffic lawyer fees

Road traffic law is generally less expensive than other branches of law, with cases often resolved in a single hearing.

For a simple contested offence (speeding, red light), expect 500 to 1,000 euros in fees to prepare the case and represent you at the police court.

For drink or drug driving cases, the stakes are higher. Plan for 1,000 to 2,500 euros depending on complexity (repeat offence, accident, high reading).

For serious cases (hit and run, repeat drink driving, involuntary manslaughter while driving), fees can reach 3,000 to 8,000 euros or more.

Check your legal protection insurance: it often covers road traffic disputes and may pay all or part of lawyer fees.

Most common road traffic offences

Speeding remains the king of road traffic litigation. Depending on severity (10 km/h over or 50 km/h over), consequences range from a simple fine to licence disqualification. Defences exist: challenging radar reliability, driver identification error, procedural irregularity.

Drink driving is severely punished. From 0.5 g/l blood alcohol (0.2 g/l for professional drivers), penalties apply. Above 0.8 g/l or in case of intoxication, the judge can order licence disqualification, impose an alcohol interlock device, or even a prison sentence.

Drug driving is subject to increasingly systematic testing. Zero tolerance applies: the mere presence of substances in the body suffices, even without apparent intoxication.

Hit and run - leaving an accident scene without identifying yourself - is heavily sanctioned: near-automatic licence disqualification, possible prison sentence, and of course aggravated civil liability towards victims.

Finally, driving without a valid licence (forgotten renewal, unexchanged foreign licence, driving despite disqualification) carries increasing criminal penalties for repeat offences.

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Questions fréquentes

Can I challenge a speed camera ticket?

Yes, by requesting a summons before the police court. You can then contest the offence: vehicle identification error, radar calibration or certification defect, procedural irregularity. If you weren't the driver, you must identify the actual driver.

What's the difference between licence withdrawal and disqualification?

Withdrawal is an immediate administrative measure taken by police on prosecution order. It can last up to 15 days. Disqualification is a sentence imposed by the court, ranging from a few days to several years, or even permanently. Disqualification often requires retaking tests (theory, practical, medical, psychological).

Is an alcohol interlock device mandatory?

For certain serious alcohol-related offences (level above 1.8 g/l, repeat drink driving), the judge must impose an alcohol interlock for 1 to 3 years or for life. In other cases, it's an option the judge can use as an alternative to disqualification.

Must I appear personally at the police court?

No, your lawyer can generally represent you, unless the court orders personal appearance. However, in certain cases (drink driving, particular circumstances), your presence may be tactically advisable to make a good impression on the judge.

How long after the offence can I be prosecuted?

Road traffic offences generally become time-barred after 1 year (minor offences) to 3 years (more serious offences). This period runs from the offence date and can be interrupted by certain procedural acts. Periods vary depending on offence severity.

Is a suspended sentence possible for licence disqualification?

Yes, the judge can grant a full or partial stay of execution of disqualification. For professional drivers, a probationary suspension may be subject to conditions (completing training, prohibition on driving under the influence of alcohol). The suspension can be revoked for a new offence.

What are the penalties for hit and run?

Hit and run after an accident causing injury is punished by mandatory licence disqualification (8 days to 5 years), a fine of 400 to 8,000 euros, and a prison sentence of 15 days to 6 months. Aggravating circumstances (fatal accident, alcohol) increase penalties further.

How do I recover my licence after disqualification?

Depending on the court's decision, you may need to retake one or more reinstatement tests: theory test, practical test, medical examination, psychological examination. Content depends on the nature of the offence. Lawyer guidance can help you anticipate these requirements.

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