Can I appeal against drunk driving?


Questioner

I was arrested for driving under the influence. Percentage was 3.75Ugl. That is of course too much and I also cooperated fully. Furthermore, never had any problems with the Justice Department or anything else. The officers even thought I was very nice and calm. I am now getting the LEMA and I find that very strange. In the distant past I already had a fine for a similar offense (but just over the border) and now I suddenly have a lot on my roof that I cannot pay. Very heavy for a one-time offense. I am aware of the dangers. I would like to appeal, especially if I cannot pay it. What do you recommend?

Lawyer

In principle, the CBR must impose certain measures. It is indicated per permillage/percentage which measure is imposed. A distinction is made between novice and advanced drivers and it is also indicated to act in case of repetition. You can find this information here: https://wetten.overheid.nl/BWBR0030613/2020-07-01 In that respect, a balancing of interests has already been made and every first mistake is dealt with in the same way and an objection on such grounds will not quickly succeed. It is always possible to file an objection and request a copy of the file. This will allow the police to check whether they have complied with all the rules and whether the correct procedures have been followed. You can of course also put forward your personal circumstances. Please feel free to contact me via my profile if you have any questions and/or require legal assistance.

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