Driving license and CBR courses - Questions and answers


Questioner

I was arrested in April 2015 during an alcohol check and I had drunk too much according to the measurement. Now I have been ordered to take a course at the CBR which I had to pay for myself €216,- and I also had to pay imposition costs €330,-. Now it is the case that I had very little income at that time and I was also starting a debt relief program. I therefore did not pay any of these costs and I also did not follow the course. After some time I received a letter that my driver's license would be declared invalid, but I did have the imposition costs included in my debt relief program. Now it is the case that I have now received a letter from the public prosecutor stating that I will not be prosecuted for this case and that I do not have to appear at a court hearing, because the case has been dismissed due to lack of evidence. Am I still obliged to take a course at the CBR and is my driver's license still invalid?

Lawyer

If the case is dismissed, you are exempt from criminal prosecution. With this ruling, you can write to the RDW and reclaim your driver's license. What you may have to do is a medical test at your family doctor to see if you are competent.

Lawyer

If you do not agree with a decision of the CBR, you can appeal against this decision. It is (unfortunately) established case law that the CBR is not bound by the decision of the criminal court (or the public prosecutor) because different standards are used in administrative law than in criminal law. This means that the CBR can impose a measure despite an acquittal by the criminal court. This does not mean that an objection is hopeless. Certainly because it concerns the lack of evidence, you have a strong story when objecting to the decision of the CBR. However, the question is whether the decision is not too old. Because usually you only have 6 weeks to file an objection. If you would like help with this, I advise you to contact the Criminal Law Shop in Utrecht or Amsterdam.

Questioner

What I wonder is, would it perhaps also help if I object if I indicate that I stopped drinking 1 month after the day of the alcohol test and that I have sought professional help for this and am still under supervision of this practitioner. I have now also been abstinent since May 2015 and I do not think a course is important in my case, in fact I am even afraid that this could get in the way of my current treatment. Furthermore, I do not really know which steps I should follow and what I should do now to solve this problem.

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.