Air traffic law
Our office assists a number of larger and smaller operators and airlines with regard to the legal traffic associated with the presence at Dutch airports. You can think of typical civil law matters such as the labor law of ground and cabin crew and claims of passengers and clients, but also the legal aspects associated with government action by Dutch officials (KMAR, Customs, Aviation Inspectorate, Public Prosecution Service) regarding visa obligations and check on travel documents. We will of course assist you both in and out of court. Since specific Dutch legal rules often relate to these cases and problems regularly arise outside normal office hours, fast and adequate assistance from specialized lawyers is of great importance. You can therefore always contact our Aviation desk on +31 (0) 20-6060680 or send an email to firstname.lastname@example.org outside office hours on our emergency number +31 (0) 6 1374 8888.
Driving license problem
Van Oosten Schulz De Korte Advocaten assists, among others, clients whose driving license has been recovered and who are accused of drunk driving, causing a collision, causing danger on the road and joyriding. As a participant in traffic an accident can happen, but the chance of a serious punishment is high.
In some cases, the CBR can also start a claim procedure, which means that they can collect your driving license. The effect of both these proceedings is the same, while they involve different jurisdictions.
Our office has lawyers who can assist you in all types of traffic matters (see also www.rijbewijsprovraag.nl). Therefore, please contact us.
Traffic (criminal) law
As a road user, an accident or a mistake can happen in a small corner. Strict rules apply both on the road, in the air or on the water, a violation of these rules can lead to you suddenly becoming a road user suspected of a criminal offense. Examples include causing a (fatal) accident, driving under the influence of alcohol or drugs (Article 8 of the Road Traffic Act), speeding offenses, continuing after an accident or causing danger or nuisance on the road.
The consequences of a suspicion often have a major impact on your daily life, for example you can (temporarily or permanently) lose your driving license. There are various authorities that can report to you if you are suspected of a traffic violation, not only the police can investigate, the CBR can also impose various measures. For more information about this, we refer you to our website www.rijbewijsprovraag.nl.
Driving license recovery
Under the Road Traffic Act, your driving license may be collected by the police in certain situations. This is possible in the following cases:
- if an alcoholic strength is found of more than 570 µg / l, or 350 µg / l in novice drivers
- if you are suspected of driving under the influence of other substances that may affect your ability to drive, such as medicines or drugs
- refusing to cooperate in an alcohol test
- for speeding of more than 50 km / h
- when there are indications in a road accident that the driver has made major mistakes.
After the police has collected a driver’s license, the public prosecutor must make a decision on further withholding of the driver’s license within 10 days. You will receive a written notification about this. The public prosecutor may decide that your driving license will be withheld for several months. A notice of complaint can be lodged against the collection and withholding of a driving license. We request the court to return your driving license on the basis of compelling personal interests.
As a suspect of a traffic crime, you are entitled to the assistance of a lawyer, in some cases financed by the government. If the police and the judiciary state that there has been a traffic offense, the case can be settled in various ways. The most common are a (conditional) dismissal, a punishment order after an OM session and a summons (inviting you to justify yourself in court). The manner in which the case will be settled depends on a number of factors. The most important factor is the available evidence, but your previous judicial contacts also play a role. Also when determining and possibly accepting an appropriate settlement (the penalty) it is very important that you do not stand alone, but that you are advised by a specialized criminal lawyer. This is the case with traffic offenses because the judge can impose a driving ban that can have major consequences for your daily life. In addition, the settlement modality and punishment arise