Speeding lawyer in Brussels: when you are summoned to court and what you risk

A speeding offence does not always end with a simple bank transfer. Above a certain threshold, the public prosecutor summons you before the police court (politierechtbank / tribunal de police), and you then face a level 1 penalty (usually a fine), a driving ban and sometimes reinstatement tests. As a speeding lawyer in Brussels, Novex Advocaten defends you before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst. You can read more about our work as a traffic lawyer in Brussels on our overview page.

When are you summoned to court for speeding

Most speeding offences are dealt with through an on-the-spot fine (onmiddellijke inning / perception immédiate) or a settlement offer (minnelijke schikking / transaction). As a rule, a summons (dagvaarding / citation) follows when you exceed the speed limit by more than 40 km/h, or by more than 30 km/h in a built-up area, a zone 30, a school zone, a shared zone or a home zone (erf / woonerf). The prosecutor may also summon you after a repeat offence or an accident. If you pay neither the on-the-spot fine nor the settlement, a payment order (bevel tot betalen / ordre de paiement) normally follows; the case then only reaches the police court if you appeal against that order or if the prosecutor issues a summons after all.

Above that threshold (Article 29 § 3 of the Road Traffic Act, Wegverkeerswet / loi relative à la police de la circulation routière), a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) of 8 days to 5 years is, as a rule, mandatory; if the court does not impose the ban, it must give reasons for that decision. In the event of a serious excess, the prosecutor may also have your licence withdrawn on the spot, in principle for fifteen days: read more about the immediate withdrawal of your driving licence. The threshold is calculated on the speed limit that applies at the location, after deduction of the tolerance margin. In the Brussels-Capital Region, 30 km/h has been the general rule since 1 January 2021, unless signs allow a higher speed.

Speeding penalties since 1 September 2026

Since the new Criminal Code (Strafwetboek / Code pénal) entered into force on 1 September 2026, speeding (Article 29 § 3 of the Road Traffic Act) has been an offence of penalty level (strafniveau / niveau de peine) 1. The court then imposes a single principal penalty: 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; imprisonment is excluded. In practice, the number of km/h over the limit, the place of the offence and your record carry the most weight. The amounts below are the actual amounts, including the statutory surcharge (opdeciemen / décimes additionnels).

Since 1 July 2026, the on-the-spot fine for speeding has been 58 euros for an excess of up to 10 km/h. Each additional km/h adds 12 euros in a built-up area or a zone 30, and 7 euros elsewhere, plus an administrative surcharge of 10.67 euros (Article 65 of the Road Traffic Act). If you do not pay, a settlement offer follows and then a payment order from the public prosecutor, increased by 35 per cent. You can appeal against that order to the police court within 30 days; see also settlement offers in traffic cases: pay or contest?

For offences committed before 1 September 2026, the old fines of 10 to 500 euros still apply, multiplied by the statutory surcharge: × 8 for offences up to 31 January 2026 and × 10 for offences from 1 February 2026, which in reality means 80 to 4,000 euros or 100 to 5,000 euros. The court applies the most lenient criminal law where the law has changed between the offence and the judgment (Article 2 of the Criminal Code). See also what the new Criminal Code changes for traffic offences.

How the procedure works

1. Detection. A fixed speed camera, an average speed check or a mobile check records the offence. You receive an official police report (proces-verbaal / procès-verbal) stating the measured and the corrected speed, together with a reply form. If you were not the driver, you disclose the driver’s identity within the period stated on the form, usually fifteen days; for a vehicle registered in the name of a company, this is a legal obligation (Article 67ter of the Road Traffic Act).
2. On-the-spot fine or settlement. For smaller excesses, the police offer an on-the-spot fine; if it remains unpaid, the settlement offer and the payment order follow.
3. Summons. Above the summons threshold, after a repeat offence or after an accident, the prosecutor summons you before the police court of the place where the offence occurred. Your lawyer can appear on your behalf. See also received a summons to the police court: what now?
4. Judgment and remedies. Judgment is usually delivered a few weeks after the hearing. An appeal to the criminal court (correctionele rechtbank / tribunal correctionnel) is possible within thirty days of the judgment; a judgment by default can be challenged by opposition (verzet / opposition) within fifteen days of service.

Our approach as your speeding lawyer

We request the criminal case file and check the measurement: the calibration and type approval of the device, the tolerance margin applied, the signposting of the speed limit and the identification of the driver. A flaw in that chain can lead to an acquittal. The exact classification also matters: being just above or just below a threshold partly determines which sanctions are possible.

On sentencing, we ask for a fine that reflects your financial means (Article 52 § 2 of the Criminal Code), suspension of the pronouncement of sentence (opschorting / suspension du prononcé) or a suspended sentence (uitstel / sursis), which can also cover the driving ban (Article 65 of the Criminal Code). We argue for a ban that is as short as possible, limited to weekends and public holidays where the law allows (Article 38 § 2bis of the Road Traffic Act; not possible if the court imposes reinstatement tests or a training course), and without any non-mandatory tests. Since 1 January 2026, the court may also impose a specific training course as a condition for reinstatement, in addition to or instead of tests (Article 38 § 3 of the Road Traffic Act). For professional drivers and self-employed persons, we prepare documents showing the consequences of a ban for your work.

See also suspension and suspended sentences in traffic law, the driving ban explained and reinstatement tests after a ban.

In practice

The summons arrives a few weeks to a few months after the offence. At the hearing, the police judge often deals with dozens of speeding cases in a row; your lawyer pleads your case and judgment is usually delivered at a later date. If you were convicted by default, opposition is still possible within fifteen days of service. See also how the police court works and opposition and appeal against a police court judgment.

Which police courts we cover

Novex Advocaten appears before the police court of Brussels (Dutch-speaking and French-speaking), the police court of Halle, the police court of Vilvoorde, the police court of Leuven and the police court of Aalst. Would you like your case to be heard in another language? Read changing the language of proceedings before the police court.

Contact

Received an official report or a summons for speeding? Call 0484 99 22 72, email asfour@novexadvocaten.be or use the contact form. You can also read in advance what a traffic lawyer costs.