Driving ban and CBR: two routes next to each other

Criminal law assesses the fact, the CBR assesses safe driving

The Public Prosecution Service and the criminal court can respond to a traffic violation or traffic crime. This may involve a fine and a driving disqualification. Based on a police report, the CBR can investigate whether someone can still safely participate in traffic. We call that an administrative law process.

The same event can provide information for both routes. The existence of a fine therefore does not mean that a course has been imposed twice within the same penalty. When discussing a file, the first question is always who made the decision and what purpose and legal basis were mentioned.

Recognize the words on your letter

Seizure means that the police confiscates the driver's license; withholding concerns its retention by the Public Prosecution Service. A driving ban affects the right to drive as a criminal sanction. Suspension and invalidation by the CBR concern the validity of the driving license within that individual process.

Driving a motor vehicle during a valid disqualification is itself punishable and can lead to a new criminal case. The Public Prosecution Service has a separate criminal procedure guideline on driving while disqualified for this purpose. Even after seizure or in the event of a CBR restriction, you are not allowed to drive without assessing the applicable decisions. The fact that you still physically have your driver's license or have to drive for work does not remove the restriction.

A letter can also only be an intention, appeal or request for information. That is not the same as a final decision. Therefore, mark the decision text and the part about objection or appeal. Find missing pages before you make your plan. The general guide driving license suspended contains the first criminal steps.

Create one file with two separate overviews

Write down the authority, file number, current decision and next action for each process. State the date of the document and when you received it. Place payment and cooperation obligations of the CBR next to the hearing date or the restitution request in the criminal case. This makes it clear that one response does not handle everything.

Keep a copy of each letter sent and the acknowledgment of receipt. When contacting us by telephone, ask to which file an answer will be linked. An employee of one agency cannot always determine whether the other agency has imposed a separate restriction. Request confirmation of this restriction from the responsible authority.

• Public Prosecution Service file: seizure, withholding, possible summons and legal remedies.
• CBR file: decision, motivation, payment and cooperation.
• By letter: date, receipt, term and proof of posting.
• Per consultant: assignment, costs and responsible procedure.
• Before driving: check valid document and all remaining restrictions.

A course and research require something different from you

A educational measure is aimed at raising awareness and preventing recurrence. For example, an investigation can concern fitness to drive with substance use or driving ability. The decision determines which obligation applies, what it costs and what is expected of you. Do not fill this in based on the experience of someone you know.

If you do not pay or do not cooperate, this may have consequences for the validity of your driver's license. A substantive objection is no reason to ignore the agreements. Report practical or medical problems to the authority in a timely manner and ask what solution is possible within the procedure. Save the response to that request.

CBR objection has its own term and does not automatically suspend

The CBR specifies a period of six weeks from the decision for objections. Read the precise legal remedies instructions and, if in doubt, have the end date calculated. A telephone conversation in which you express dissatisfaction is not automatically a complete objection. Use the correct channel and make sure you can prove shipping and receipt.

The decision remains valid while the objection is being processed. In the event of an urgent interest, a provisional measure can be discussed with the administrative judge. The guide objection to the CBR discusses the difference between the two steps. Conditions and costs apply; Submitting such a request is not in itself permission to drive.

A criminal restitution request goes to the Public Prosecution Service or the criminal court

If the dispute concerns criminal seizure or withholding, a request for restitution or a complaint is appropriate. This should not be confused with a CBR objection. The guide driving license recovery discusses the required documents, the choice of court and the provisional nature of the decision.

A criminal order, Public Prosecution Service hearing or criminal hearing may then follow for the underlying traffic offense. The response required depends on that document. Save all new mail even if you have already successfully completed a previous procedure. A closed restitution request does not mean that every part of the traffic case is ready.

A favorable result does not automatically continue

Return of the document by the Public Prosecution Service may coincide with a still ongoing CBR suspension. Conversely, a positive CBR result cannot change a current driving ban. The question of whether you can drive again is therefore broader than the question of whether you physically have the card back in your wallet.

In case of a change, ask in writing what the new situation is in that process and what action is still required. Sometimes applying for a new valid driver's license plays a role. In the case of invalidation, only the end of a criminal period cannot restore the validity. If there is a coincidence, have the meaning of all decisions checked.

Choose help that can oversee both files

Not every criminal lawyer also handles administrative CBR proceedings. During the intake, ask what expertise is available and whether a separate assignment is required for both files. Put the next deadlines at the top of the overview you send, so that it is immediately clear which decision is the most urgent.

Also discuss whether an addition is possible, which own costs may remain and which activities are not included in the price offered. The guide driver's license lawyer costs discusses the financing questions per procedure. A useful approach is tailored to the two specific cases, not to a general promise of rapid restitution.