A police report, the immediate withdrawal of your driving licence (onmiddellijke intrekking / retrait immédiat) or a summons to appear before the police court (politierechtbank / tribunal de police): in a traffic case, the judge decides on your fine, your licence and sometimes your liberty. As a traffic lawyer in Brussels, Mr Mohamed Asfour, lawyer at Novex Advocaten on Avenue Louise, defends drivers in Dutch and French before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. For offences committed on or after 1 September 2026, the penalty levels of the new Criminal Code apply, and we tailor every defence accordingly.
Traffic lawyer in Brussels: how we can help
Drink driving: from a positive breath test to the summons, including the 0.22 and 0.35 mg/l thresholds, the alcohol interlock and the driving ban.
Speeding: when a summons follows (as a rule for more than 40 km/h over the limit, or more than 30 km/h in a built-up area or a 30 zone), how the measurement can be challenged and how the driving ban can be limited.
Hit-and-run: the constituent elements of the offence, the penalties from level 1 to level 3 and the importance of reporting the incident spontaneously.
Driving ban: when the ban is optional or mandatory, a ban limited to weekends, suspended bans and how the ban is notified.
Drug driving: saliva test, saliva or blood analysis, threshold values and a defence based on the chain of evidence.
Reinstatement tests: theory and practical tests, medical and psychological examinations, and how to avoid tests that are not mandatory.
Driving without insurance: Article 22 of the Motor Insurance Act (WAM-wet / loi RC auto), recovery claims by the Belgian Motor Guarantee Fund (Gemeenschappelijk Motorwaarborgfonds / Fonds commun de garantie belge) and the good-faith defence.
Driving without a licence: without a valid licence, during a withdrawal or during a driving ban, with the risk of the vehicle being confiscated, which becomes the rule when you drive your own vehicle during a driving ban, for offences committed on or after 1 November 2026.
We also assist victims and other parties involved after a road accident with personal injury and in a fatal road accident. Since 1 September 2026, the Criminal Code has specific offences for these cases: traffic homicide (Article 107, level 3) and harm to physical integrity in traffic (Article 218, level 2).
Penalties for traffic offences since 1 September 2026
The new Criminal Code expresses every penalty as a penalty level (strafniveau / niveau de peine). Most traffic offences are level 1, with no prison sentence; a few more serious offences are level 2 or 3. The fines below are the actual amounts, including the statutory surcharge multiplier (opdeciemen / décimes additionnels).
| Offence | Penalty level | Fine (actual amount) |
|---|---|---|
| Speeding (Art. 29 § 3) | Level 1 | 100 to 5,000 euros |
| Breath alcohol from 0.22 to less than 0.35 mg/l (Art. 34 § 1) | Level 1 | 250 to 5,000 euros |
| Breath alcohol of 0.35 mg/l or more, drunkenness, drugs, hit-and-run with property damage only (Art. 34 § 2, 35, 37bis § 1 and 33 § 1) | Level 1 | 2,000 to 20,000 euros |
| Driving without a licence (Art. 30 § 1) | Level 2 | 2,000 to 20,000 euros |
| Driving during a driving ban (Art. 48) | Level 2 | 5,000 to 20,000 euros |
| Repeat alcohol or drug offence within 3 years (Art. 36) | Level 2 | 4,000 to 50,000 euros |
| Hit-and-run causing injury or death (Art. 33 § 2) | Level 2 or 3 | 4,000 to 50,000 euros |
A level 1 penalty is a fine, community service of 20 to 120 hours, a probation sentence of 6 to 12 months, confiscation or a conviction by declaration of guilt (veroordeling bij schuldigverklaring / condamnation par déclaration de culpabilité). At level 2, a prison sentence of 6 months to 3 years is possible, or electronic monitoring, heavier community service or a longer probation sentence. Where there are mitigating circumstances, the judge can go down to level 1.
The driving ban (verval van het recht tot sturen / déchéance du droit de conduire) comes on top as an additional penalty. It is mandatory in several cases, including drunkenness (at least 1 month), fourth-degree offences, as a rule serious speeding (Art. 29 § 3) and hit-and-run causing injury or death (3 months to 5 years or permanently). Anyone who drives during an immediate licence withdrawal (Art. 30 § 3) also commits a level 2 offence, with a fine of 2,000 to 20,000 euros and a mandatory driving ban of 3 months to 5 years or permanently. For a level 1 offence, the judge may also, where there are mitigating circumstances, impose the driving ban alone.
For offences committed before 1 September 2026, the old penalties of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière) still apply, with the surcharge multiplier (× 8 for offences up to 31 January 2026, × 10 from 1 February 2026). If the new penalty is lighter, the judge applies it: this is the rule of the most lenient criminal law (Article 2 of the Criminal Code).
How does a traffic case before the police court work?
- Report. The police record the offence in an official report (proces-verbaal / procès-verbal). After a positive alcohol or drug test, a temporary driving ban of 12 hours is imposed on the spot, and in some cases the vehicle can be held. See also your rights during a police check.
- Immediate payment, settlement or payment order. For minor offences, the police offer an immediate payment (onmiddellijke inning / perception immédiate). If you do not pay, the public prosecutor can offer a settlement (minnelijke schikking / transaction) and then issue a payment order (bevel tot betalen / ordre de paiement) increased by 35 per cent; you can appeal against it to the police court within 30 days. See also settlements in traffic cases.
- Immediate withdrawal. In cases including alcohol at 0.35 mg/l or more, drugs or serious speeding, the public prosecutor can withdraw your licence for 15 days (Article 55 of the Road Traffic Act); the police court can extend this period by a maximum of three months. Under a circular issued by the Minister of Justice, public prosecutors throughout the country now apply this threshold of 0.35 mg/l (previously, as a rule, 0.50 mg/l). See also immediate withdrawal of a driving licence.
- Summons and hearing. You receive a summons (dagvaarding / citation), usually to the police court of the place where the offence occurred. Your lawyer can appear on your behalf, unless the judge orders you to appear in person. See also received a summons: what now? and appearing in person before the police court.
- Judgment, objection and appeal. The judge sometimes rules immediately, but usually a few weeks after the hearing. Against a default judgment you can lodge an objection (verzet / opposition) within 15 days of service; an appeal against a judgment given after a hearing of both parties must be lodged within 30 days of the judgment. See also objection and appeal against a police court judgment.
Our approach: from case file to sentence
We request the criminal case file and read it in full: the findings, the measurement, the notification of your rights and the time limits. On the facts, we argue for acquittal where the chain of evidence fails or the procedure was not followed.
On sentencing, we ask for the lowest possible penalty: a fine that reflects your financial means, community service, a conviction by declaration of guilt, suspension of the pronouncement (opschorting van de uitspraak / suspension du prononcé) or a suspended sentence (uitstel / sursis). If your financial situation is precarious, the judge can even set the fine below the legal minimum (Article 52 of the Criminal Code). For your licence, we ask for the shortest possible driving ban, suspended or limited to weekends where possible, and without reinstatement tests that are not mandatory.
In most cases you do not need to attend the hearing yourself; you can also consent to community service through your lawyer (Article 45 of the Criminal Code). See also suspended sentences and suspension in traffic law and what a traffic lawyer costs.
In practice
A traffic case follows a set rhythm: the summons arrives a few weeks to many months after the events, the hearing of your case rarely takes more than a quarter of an hour, and judgment usually follows at a later date, which we pass on to you straight away. We plead in Dutch or French, depending on the court and the language of the proceedings. See also how the police court works and changing the language of proceedings before the police court.
Which police courts do we cover?
Novex Advocaten pleads before the Brussels police court, both the Dutch-speaking and the French-speaking court, and before the police courts of Halle, Vilvoorde, Leuven and Aalst. Each court page explains where hearings take place and how the court registry works.
Further reading on traffic law
- New Criminal Code since 1 September 2026: what changes for traffic offences?
- Driving under the influence: penalties, driving ban and alcohol interlock
- Drink-drive limit: which limit applies in Belgium?
- The alcohol interlock in Belgium: when is it mandatory and what does it cost?
- Positive saliva test: your rights during a roadside drug check
- Speeding in Belgium: fines, driving ban and defence
- Mobile phone at the wheel: fine, driving ban and defence
- Running a red light: fine, driving ban and defence
- Immediate withdrawal of a driving licence
- The driving ban under Belgian law
- Reinstatement tests after a driving ban: procedure, costs and preparation
- Hit-and-run in Belgium: penalties, driving ban and defence
- Driving without a licence or during a driving ban: penalties and defence
- Driving without insurance: the risks
- Do you have to appear in person before the police court?
- Settlements in traffic cases
- Suspended sentences and suspension in traffic law
- Objection and appeal against a police court judgment
- How does the police court work?
- What does a traffic lawyer cost?
Frequently asked questions about traffic law
Do I have to appear before the police court myself?
In most traffic cases your lawyer can represent you, unless the judge orders you to appear in person. Where the judge has to assess your personal situation, for example for community service or a driving ban limited to weekends, your presence is nevertheless advisable.
How quickly should I act after receiving a summons?
Contact us as soon as possible: the case file must be requested and read before the hearing, and a default judgment is best avoided. After an immediate licence withdrawal, every day counts.
What does a traffic lawyer cost?
We agree clear terms in advance. Legal expenses insurance, often linked to your car insurance, covers the cost of your defence in many cases, although some policies exclude certain offences, such as alcohol or drugs. Read our page on the cost of a traffic lawyer.
Could I go to prison for a traffic offence?
For offences committed on or after 1 September 2026, usually not: most traffic offences are level 1, with no prison sentence. A prison sentence is only possible for offences at level 2 or higher, such as driving without a licence or during a driving ban, repeat alcohol or drug offences within 3 years, hit-and-run causing injury or traffic homicide. Older offences remain under the old regime, but the judge applies the most lenient criminal law.
What is the difference between an immediate withdrawal and a driving ban?
Immediate withdrawal is a provisional measure taken by the public prosecutor for 15 days, which the police court can extend by a maximum of three months. The driving ban, legally the forfeiture of the right to drive, is the penalty the judge imposes in the judgment.
Contact
Received a police report, a licence withdrawal or a summons? Call 0484 99 22 72, email asfour@novexadvocaten.be or use the contact form. Our office is at Avenue Louise (Louizalaan) 379, 1050 Brussels.
Sources
- Act of 16 March 1968 on the policing of road traffic (Road Traffic Act), consolidated text on Justel (consulted on 24 September 2026)
- Act of 29 February 2024 introducing Book I of the Criminal Code, Articles 2, 36, 45, 52, 64 and 65 (consulted on 24 September 2026)
- Act of 21 November 1989 on compulsory motor vehicle liability insurance (WAM-wet / loi RC auto), Article 22 (consulted on 24 September 2026)
- Courts and tribunals of Belgium: the police courts
Last updated on 4 October 2026