How to contest a traffic violation notice in Belgium?

When a traffic violation occurs, the police send a copy of the citation to the driver within 14 days. If the driver’s identity cannot be confirmed, the citation is, in principle, addressed to the registered owner of the license plate. Along with the citation, the police include a response form that must be completed and returned by the driver.

The Police may also issue an immediate payment proposal, which is an offer by the Police to pay a specific amount immediately in order to terminate the criminal proceedings against the driver.

If the Police do not issue an immediate payment notice, or if it remains unpaid, the prosecutor’s office may issue a criminal settlement proposal. This involves a proposal to pay a specific amount to terminate criminal proceedings and avoid a referral to the Police Court. Once the fine has been paid, all legal proceedings will be concluded.

Please ensure that you clearly include the reference or communication details when making your payment. If the payment cannot be identified, legal proceedings may continue. Please contact a law firm specializing in Belgian traffic laws and will defend you in court and protect your interests.

If the immediate fine proposal or the settlement is refused, there is a high risk of being summoned before the Police Court of the place where the offense occurred or at the offender’s place of residence. In the event of a dispute regarding the offense, the refusal to pay the immediate fine or the settlement must be formally justified.

How to contest a traffic fine in Belgium?

Before filing a claim, you must ensure you have strong grounds! For your information, in certain judicial districts, more than 80% of challenges are dismissed. Consider retaining an attorney to assist you with the legal process.

Have you exceeded the speed limit or driven under the influence of alcohol or drugs? Have you committed a traffic violation that had no impact on other road users?

These offenses are punished with varying degrees of severity depending on the nature of the violation. The response form allows you to contest the infraction or provide additional comments. You must submit your response within two weeks of receiving the official report. Generally, the police forward the report to the Public Prosecutor’s Office. It is the King’s Prosecutor who adjudicates the case; they may propose an out-of-court settlement, dismiss the case, or summon you to appear before the police court.

Consult a Belgian traffic law specialist

In any case, you must provide as much supporting evidence as possible for your dispute and submit it as soon as possible. The sooner you act, the more credible you will appear before the judges. If you do not respond to the initial notice and fail to pay the fine, the prosecutor’s office will send a settlement proposal. You have the right to contest this proposal. In such an instance, you will need to support your dispute, whether with or without the assistance of a attorney. Otherwise, you will be required to pay the fine, along with any additional fees related to your summons.

Contesting a traffic violation is not without risk. The Public Prosecutor’s Office they may reject your defense and may even issue a summons. In such cases, the fine can escalate very quickly. Be aware that the penalty will be more severe than the immediate fine or the settlement offered beforehand. You also risk a driver’s license suspension ranging from a few days to several years.