Legal Advice on Losing Your Driving License

Questioner

I was arrested a while ago on my scooter. At the time of my arrest I had drunk too much. I stopped nicely for the police, according to them I cooperated nicely and was then taken to the police station for an alcohol test. At the police station I blew .365 Ug/L. The police then confiscated my driver's license and gave me a driving ban for 24 hours. The police told me that I would get my driver's license back after 10 days, including a fine of 100-500 euros based on the conclusion of the Public Prosecutor. For your information, I am a novice driver and have no previous offenses to my name. I received the fine within 15 days and paid it immediately. But I have heard little about my driver's license. For this I have repeatedly visited the police station. They told me that my driving license had been sent, and that they had further handed over the case in this way. However, the CVOM claims that the police station has not yet sent my driving license and that they have already repeatedly submitted a request to have the driving license sent to them. After many phone calls back and forth, it turns out that no one has my driving license, which means that I have lost it for over a month. The CVOM speaks out against this, and also stated that my driving license should not have been taken away at all. The situation now is that I have to pay a large sum of money before a certain date for an alcohol course at the CBR. I would like to know the following: - Should my driver's license have been taken away? - What can I do, and how, to get my driver's license back, which has been missing for more than 20 days and has been withdrawn for too long. - I feel that I have been treated incorrectly by the police and the CVOM with regard to progress, do you share this feeling? - How can I object/ CAN I object to this kind of malpractice? - Do I have grounds, based on the possible inability to confiscate my driving licence and the loss of my driving licence, to initiate proceedings and also profit from this? - Are there any other things I am currently overlooking regarding my situation? - And finally, what should I do next?

Lawyer

Dear Sir/Madam It is unclear what the legal basis for the seizure was. For that, we need proof of seizure. At this time, we cannot answer your questions. It is up to you to contact the CVOM and request a decision on your driving license. You could possibly apply for a new driving license at the municipality and possibly hold the CVOM liable for the costs. However, all of this is separate from the procedure of the CJIB. We can help you with this free of charge. I would therefore like to invite you to come to the weekly consultation hour of the Criminal Law Shop Utrecht. Every Wednesday from 18:15 to 20:15 in the Sterrenzicht community center at Keerkringplein 40.