Driving without a licence lawyer in Brussels: three situations, three defences

“Driving without a licence” covers three very different offences under the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière): driving without ever having obtained a licence or with an invalid licence (Article 30 § 1), driving while the public prosecutor’s office (parket / parquet) has immediately withdrawn your licence (Article 30 § 3), and driving during a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) imposed by the court (Article 48). For offences committed on or after 1 September 2026, all three are level 2 offences, for which a prison sentence is possible. Novex Advocaten, traffic law lawyer in Brussels, acts as your driving without a licence lawyer before the police courts (politierechtbank / tribunal de police) of Brussels, Halle, Vilvoorde, Leuven and Aalst.

Driving without a licence: penalties since 1 September 2026

A level 2 penalty (strafniveau / niveau de peine) lets the court choose between a prison sentence of 6 months to 3 years, electronic monitoring of 1 month to 1 year, community service of more than 120 up to 300 hours, a probation sentence of more than 12 up to 24 months, or a conviction by declaration of guilt. Where there are mitigating circumstances, the court may go down to level 1, and a prison sentence is then excluded. The Road Traffic Act also sets a fine for each offence: the amounts in the table are the actual amounts, including the statutory surcharge (opdeciemen / décimes additionnels). You can read more about the penalty levels in our article on the new Criminal Code and traffic offences.

Anyone who drives their own vehicle during a driving ban also risks, for offences committed on or after 1 November 2026, the confiscation of that vehicle: the Act of 3 March 2026 (Belgian Official Gazette of 31 August 2026) makes confiscation the rule under Article 50 § 2 of the Road Traffic Act, unless the court gives specific reasons for departing from it.

For offences committed before 1 September 2026, the old penalties still apply. For driving without a licence, this was a prison sentence of eight days to two years and a fine of €200 to €2,000, or only one of those penalties. With the surcharge, the actual fine is €1,600 to €16,000 for offences up to 31 January 2026 (× 8) and €2,000 to €20,000 for offences from 1 February 2026 (× 10); driving during a ban carried heavier penalties. The court applies the most lenient criminal law where the law changed between the offence and the judgment (Article 2 of the Criminal Code).

Foreign licence, expired licence, wrong category

Not every invalid document is an offence of the same seriousness. A valid licence issued in another Member State of the European Economic Area in principle remains valid in Belgium. A recognised licence issued outside the European Economic Area may be used for no more than 185 days after you register in Belgium; after that you need a Belgian licence, and whether an exchange is possible depends on the issuing country.

An expired licence is an administrative defect that the court usually treats more leniently than a licence that was never obtained. Driving a vehicle of another category (for example a lorry with a maximum authorised mass of more than 3.5 tonnes with only a category B licence) also falls under Article 30 § 1. See also our article on the penalties for driving without a licence or while disqualified.

How the procedure works

1. Detection. The police record the offence during a roadside check or after an accident and may impound the vehicle. The official report goes to the public prosecutor’s office, which decides whether to prosecute.
2. Summons. If the prosecutor decides to prosecute, you will almost always be summoned before the police court; an out-of-court settlement (minnelijke schikking / transaction) is exceptional for driving during a ban.
3. Hearing and judgment. Your lawyer can appear on your behalf, unless the court orders your personal appearance. Where a driving ban is mandatory, the court sets its length and the reinstatement tests (herstelexamens / examens de réintégration); see also reinstatement tests for your licence.
4. Remedies. A judgment given after both sides were heard can be appealed within thirty days of its delivery. Against a default judgment (vonnis bij verstek / jugement par défaut), you can lodge an objection (verzet / opposition) within fifteen days of service.

Our approach as your driving without a licence lawyer

We start with the legal classification: is it Article 30 § 1, Article 30 § 3 or Article 48? The consequences differ enormously. In the case of a withdrawal or a driving ban, we check whether notification or service was lawful and whether the measure was actually running on the day of the offence. Without valid notification, the offence under Article 30 § 3 or 48 is in principle not established.

With a foreign or expired licence, we argue good faith and the administrative nature of the defect. On sentencing, we ask the court to accept mitigating circumstances and go down to level 1, or to impose community service or a probation sentence instead of prison. Community service requires your consent, which you can give in person or through your lawyer (Article 45 of the Criminal Code).

Where possible, we ask for a suspension of the pronouncement (opschorting van de uitspraak / suspension du prononcé) or a suspended sentence (uitstel / sursis), including for the driving ban (Articles 64 and 65 of the Criminal Code), and, where your own vehicle is involved, a reasoned departure from confiscation. See also suspension, suspended sentences and community service before the police court, the driving ban and the immediate withdrawal of a driving licence.

In practice

For the police court judge, driving during a ban is one of the most serious offences, because it disregards an earlier decision of the court. The hearing therefore calls for a prepared explanation of the circumstances and of the consequences of a long ban for your work and family, backed by documents. See also how the police court works and objection and appeal against a police court judgment.

If you have since obtained your licence, applied to exchange your foreign licence or registered for the driving test, bring proof of it. This shows the court that the situation has been put right, which is taken into account when the sentence is set.

Which police courts

Novex Advocaten appears before the Brussels police court (Dutch-speaking and French-speaking), the Halle police court, the Vilvoorde police court, the Leuven police court and the Aalst police court.

Contact

Received an official report or a summons for driving without a licence? Call 0484 99 22 72, email asfour@novexadvocaten.be or use the contact form. You can also read beforehand what a traffic law lawyer costs.