I was flashed at 50 km/h in a 30 zone, what am I risking?

In Brussels, the speed is now limited to 30 km/h in built-up areas, which means that except on major roads, the maximum speed authorized by default is 30 km/h. In the Walloon Region and the Flemish Region, the maximum authorized speed in built-up areas is limited to 50 km/h, but there continue to be “30 zones”, i.e. zones where the speed is also limited to maximum 30 km/h.

Driving too fast, a criminal offence?

Driving at a speed higher than the maximum authorized speed, which is the case of a driver traveling at 50 km/h in zone 30 or in Brussels in the urban area, constitutes a criminal offence, commonly known as “speeding”. The offending driver can thus be prosecuted before the police court.

Warning: the speed measured by the radar is not the speed that will be automatically taken into consideration by the police court, because the latter must take into account a technical correction margin.

In practice, the speed chosen by the judge will be reduced by 6 km/h up to 100 km/h, compared to the speed indicated by the radar. This concretely means that the driver who was flashed at 50 km/h (measured speed) will be prosecuted for having driven at 44 km/h (corrected speed), that is to say 14 km/h above the maximum allowed speed.

What will it cost me?

With regard to the applicable penalty, the legal text is in its current wording drafted in a rather broad manner, since it provides, for all speeding violations, a fine penalty ranging from 80 euros (minimum) to 4,000 euros (maximum). The judge will set the rate of the fine, between this range, depending not only on the importance of the excess measured, but also on the personal situation of the driver (professional, financial, family situation, criminal record, etc.).

If the driver does not have the financial resources to pay the fine, he is advised to bring proof of this at the hearing so that the judge can take it into account when determining his conviction. In this case, the fine can also be replaced by a self-employment sentence, or be accompanied by a suspended sentence, for example.

Alongside the fine, the driver will also be ordered to pay court costs.

And what about disqualification from driving?

Although described as an ancillary penalty because it is pronounced alongside the main penalties of a fine or a custodial sentence, forfeiture of the right to drive is rarely felt as such in its consequences, the absence of a license dramatically disrupt the daily lives of, for example, young working parents.

Be reassured: if you are flashed at 50 km/h (corrected speed) in zone 30, the disqualification of the right to drive is optional, which means that the judge is not obliged to pronounce it. If the judge is not convinced by your arguments, or those of your lawyer, he could nevertheless order a disqualification from driving for a period ranging from 8 days to 5 years, which can also be accompanied by a deferment.

Only if you are flashed at 61 km/h or more (corrected speed) while driving in zone 30, i.e. more than 30 km/h above the maximum authorized speed, that forfeiture is mandatory, unless there is a special reason to the contrary.

When the driver cannot do without the use of his vehicle during the week, for example for professional reasons, he can ask the court to authorize him to enforce the forfeiture of the right to drive during the weekends and holidays. A disqualification from driving for a period of 8 days for example can, if the judge has indicated it in the judgment, be carried out in 4 weekends (from Friday 8 pm until Sunday at 8 pm).

Finally, it is also possible to request that the disqualification be limited to the category of the driving license which corresponds to the vehicle with which the offense was committed. If you are prosecuted for speeding with a motorcycle (licence A), you can ask the court to limit the disqualification to this category of your driving licence, which allows you to continue driving your car ( B permit).

If I receive an invitation to pay a fine, do I have to accept it?

If you are flashed at 50 km/h in a 30 zone, it is possible that you will receive a request for immediate collection from the police services or that the public prosecutor’s office will offer you not to prosecute you before the police court, subject to the payment of a penal transaction.

This proposal is often advantageous, because it allows you not to risk a conviction and therefore a criminal record. Such a proposal will only reach you, however, if you have not been flashed by driving more than 30 km / h above the maximum authorized speed, that is to say when the disqualification from driving is optional.

From a financial point of view, even if the police court can suspend the fine, it is often more advantageous to pay the amount of the immediate collection or the penal transaction than to wait to be prosecuted. before the police court where the legal costs alone often already total more than 200 €.

Beware of young drivers and repeat offenders

If you are a young driver, that is to say that you have had your license for less than two years, or that you are a repeat offender, the applicable penalties will be increased.

What will my lawyer cost me?

If you receive a summons to appear before the police court, it is strongly advised to consult a lawyer beforehand. The majority of drivers actually benefit, often without knowing it, from legal protection insurance linked to the insurance of their vehicle. This insurance covers the fees of the lawyer of your choice who will defend you before the police court, but also sometimes legal costs.

Who is Aurélie Verheylesonne, the author of this text?

Aurélie Verheylesonne is a lawyer at the Brussels Bar for fifteen years. She is also an assistant in charge of exercises in criminal law at ULB-UMONS. She writes articles and regularly participates in conferences on criminal law or criminal procedure in general. She also actively contributes to the activities of the ULB Criminal Law Research Center (CRDP).