Police court summons in Belgium: what should you do now?

A police court summons in Belgium (dagvaarding / citation before the politierechtbank / tribunal de police) rarely arrives at a convenient moment. Yet in one respect the document itself is good news: it contains all the information you need to know where you stand. The first five minutes you spend on it determine how much room for manoeuvre you will have afterwards.

Police court summons: first check these four details

1. The date and time of the hearing, and the courtroom. As a rule, at least ten days must elapse between service of the summons and the hearing (Article 146 of the Code of Criminal Procedure, Wetboek van strafvordering / Code d’instruction criminelle). If it has not been respected, your lawyer must raise this at the first hearing, before any other defence.
2. The charge (tenlastelegging / prévention). Which facts exactly, and which articles of the Road Traffic Act (Wegverkeerswet / loi relative à la police de la circulation routière)? Speeding, driving over the alcohol limit and a hit-and-run offence carry entirely different risks.
3. The date of the offence. It determines whether the prosecution is time-barred (under the Road Traffic Act now as a rule after three years, Article 68) and which penalty applies: for offences committed on or after 1 September 2026 the new Criminal Code (Strafwetboek / Code pénal), for earlier offences the rules in force at the time, unless the new rules are more favourable (Article 2 of the Criminal Code). The fine depends on it as well: actual amounts have remained unchanged since 1 February 2026 (today the statutory amounts multiplied by the surcharge factor, opdeciemen / décimes additionnels, of 1.25), but for offences committed before 1 February 2026 the more lenient factor of 8 applied instead of 10.
4. The public prosecutor’s reference number (notitienummer / numéro de notice). Your lawyer uses it to request access to the criminal case file.

What penalty do you face since 1 September 2026?

Since 1 September 2026 the penalties of the Road Traffic Act have been converted into penalty levels (strafniveaus / niveaux de peine). Most traffic offences fall under level 1: the court then chooses, among other options, between a fine, community service (werkstraf / peine de travail) of 20 to 120 hours, a probation sentence or a conviction by declaration of guilt (veroordeling bij schuldigverklaring), but never imprisonment. At level 2, a prison sentence of 6 months to 3 years is possible.

Some examples, with the actual amounts for offences committed on or after 1 September 2026:

• speeding (Article 29, § 3): level 1, fine of €100 to €5,000;
• an alcohol concentration of at least 0.35 mg/l of exhaled alveolar air (Article 34, § 2): level 1, fine of €2,000 to €20,000;
• hit-and-run (vluchtmisdrijf / délit de fuite) with material damage only (Article 33, § 1): level 1, fine of €2,000 to €20,000;
• driving without a driving licence (Article 30, § 1): level 2, fine of €2,000 to €20,000.

In addition, the court may, and sometimes must, impose a driving ban (verval van het recht tot sturen / déchéance du droit de conduire) and reinstatement tests (herstelexamens / examens de réintégration). For offences committed before 1 September 2026, the old penalties, which sometimes still allowed imprisonment, continue to apply unless the new rules are more favourable. Read more about the new Criminal Code in traffic cases.

Request the criminal case file

You, or your lawyer, are entitled to inspect the file and to obtain a copy before the hearing. This is not a formality: only the file contains the police report, the calibration and type-approval certificates of the measuring equipment, the photographs, the statements and any expert reports. Without those documents, you are arguing about a file you do not know. In practice, we request the file immediately, because waiting times at the public prosecutor’s office or the court registry can be long.

Must you appear in person before the police court?

You may be represented by your lawyer; in most cases you therefore do not need to appear in person. Two nuances matter. The judge may order you to appear in person if he wishes to hear you himself. And if you want to ask for community service, you do not need to attend for that purpose either: informed consent can be given in person or through your lawyer (Article 45 of the Criminal Code).

If nobody appears, the court may convict you in your absence (bij verstek / par défaut), often more severely and without knowing your personal situation. An objection to that default judgment (verzet / opposition) is then as a rule possible within 15 days of its service, but anyone who knew about the summons must be able to rely on force majeure or a legitimate excuse for their absence (Article 187 of the Code of Criminal Procedure). Read more: objection or appeal against a police court judgment.

What to bring or send us

• The summons and all correspondence from the public prosecutor’s office;
• your driving licence and, where applicable, proof that it was surrendered at the court registry;
• an employer’s certificate or a statement showing why you need your driving licence;
• payslips and information on your family situation, if the fine threatens to be heavy;
• proof that you have compensated the injured party, or that your insurer is covering the claim;
• certificates of any training, support or treatment you have followed;
• a recent extract from your criminal record, where it works in your favour.

How does the hearing proceed?

Cases are called courtroom by courtroom, usually in the order of the court list. The public prosecutor sets out the facts and asks for a penalty. Your lawyer then pleads: on guilt if it is disputed, and in any event on the penalty.

If there is a civil party, meaning an injured person claiming damages, that part of the case is also dealt with, sometimes at a later hearing. The court gives judgment at the hearing itself or reserves judgment, in which case the judgment usually follows within a few weeks. The case can also be adjourned to a later hearing, for example to study the file or to await a report; your lawyer requests this at the introductory hearing.

What is the real debate about?

In traffic cases, the facts are rarely disputed in their entirety. The real debate is about the penalty:

• a suspension of the pronouncement of sentence (opschorting / suspension du prononcé) or a suspended sentence (uitstel / sursis), which can also cover the driving ban;
• community service, a probation sentence or a conviction by declaration of guilt instead of a fine;
• the length of the driving ban, whether it can be served at weekends and on public holidays (Article 38 § 2bis of the Road Traffic Act), and its restriction to certain vehicle categories (Article 45 of the Road Traffic Act);
• the amount of the fine, in line with your financial capacity (Article 52, § 2 of the Criminal Code);
• the reinstatement tests, which since 1 January 2026 can be supplemented or replaced by a specific training course.

For a level 1 offence that also carries a driving ban, the court may even impose only the driving ban where there are mitigating circumstances. Each of these points must be both requested and substantiated. See also: avoiding or limiting a driving ban and the more lenient penalties.

Frequently asked questions

How quickly must I respond to a police court summons?

As soon as possible: the earlier your lawyer requests the file, the more time there is to prepare your defence. If the hearing date is too close, your lawyer can ask for a later hearing date.

Can I appeal against the judgment?

Yes. A police court judgment can be appealed to the criminal court (correctionele rechtbank / tribunal correctionnel) within 30 days of the delivery of a judgment given after an adversarial hearing. You must specify your grounds of appeal precisely. The public prosecutor can appeal too.

How much does a lawyer before the police court cost?

That depends on the case; we discuss our fees in advance. Legal expenses insurance may cover the costs; if your income is limited, you can apply for second-line legal aid at the Legal Aid Office (Bureau voor Juridische Bijstand / Bureau d’Aide Juridique). See also: the cost of a lawyer before the police court.

Novex Advocaten assists you before the police court

Send us your summons as soon as you receive it. We request the file, tell you honestly what is realistic, and appear on your behalf before the police courts of Brussels, Halle, Vilvoorde, Leuven and Aalst, in Dutch and French. Explanations and advice are also available in English or Arabic.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.