Defending drivers accused of speeding in Belgium: understanding your rights and options

In Belgium, speeding charges can result in severe penalties, including substantial fines and disqualification from driving. However, drivers have rights that can be used in their defence with the help of a competent lawyer. Here is an overview of defence strategies and key considerations for those facing such charges.

1. Challenging the speed measurement

Challenging the speed measurement is one of the most common defences. Drivers may question the accuracy of the speed measurement equipment used by the police. Specialist solicitors can request access to the file and evidence of regular calibration of equipment, such as radar or lidar, to ensure that it is operating correctly and within legal standards.

2. Mitigating circumstances

Presenting mitigating circumstances can help to reduce the severity of penalties. These circumstances may include emergency situations, such as an urgent need to get to hospital, or road conditions that justify a speed slightly above the limit. Demonstrating the need to speed, although difficult, is not impossible with solid evidence.

3. Procedural errors

Procedural errors in issuing the statement of offence can also form the basis of a defence. This may include errors in the way the offence was recorded or delays in notifying the driver of the offence. A solicitor can examine in detail the procedures followed by the police to ensure that all legal protocols have been followed.

4. Penalty negotiations

In some cases, plea bargaining may be a viable option. This can be particularly useful in cases where the evidence is substantial but mitigating circumstances exist.

5. Road safety training

Offering road safety training as an alternative to punishment can sometimes convince judges to reduce penalties. This demonstrates the driver’s willingness to improve and contribute to road safety.

Conclusion

Defending against speeding charges requires a thorough understanding of traffic laws and a personalised approach. Accused drivers benefit greatly from consulting a specialist traffic lawyer who can assess the details of the case and explore all available defence options.

For a precise response to your case, you can contact me by submitting this form: https://avocat-vandekerkove.be/en/competences-2/?symplicy=magic&lawCase=83