Article 5a WVW: seriously dangerous driving without consequences — still an indictable offence
Since 1 January 2020, deliberately and seriously breaching the traffic rules has been a separate indictable offence in the Netherlands, even if nothing happened. Article 5a WVW is aimed at the driver who races through a built-up area at very high speed, repeatedly runs red lights or takes part in a street race. The law provides for two years’ imprisonment. But the article has strict conditions — and that is where the defence lies.
Stay silent about your intention
Article 5a requires intent to seriously breach the traffic rules. Statements such as "I knew I was speeding" or "I was in a hurry" fill in precisely that element. Call us before you are interviewed.
Expect your driving licence to be seized
On suspicion of article 5a the police almost always take the licence. The OM decides within ten days; we file a complaint (klaagschrift) with the court immediately if the licence is retained.
Collect the context
Time of day, traffic density, type of road, visibility and weather determine whether danger to life was "to be expected". Dashcam footage and witnesses can show that the situation was different from what the police report suggests.
Have the classification tested
Not every serious violation is article 5a. Often article 5 (a summary offence) is the correct classification. That difference determines whether you risk a fine or a prison sentence.
What does article 5a WVW say?
The article prohibits "deliberately behaving in traffic in such a way that the traffic rules are seriously breached, if danger to life or danger of serious bodily injury to another is to be expected as a result". The law lists thirteen examples: not keeping sufficiently to the right at blind spots, dangerous overtaking, ignoring a red cross above the lane, driving on the hard shoulder, overtaking at a pedestrian crossing, failing to give way, exceeding the speed limit, tailgating, running a red light, driving against the direction of traffic, holding a phone, ignoring traffic instructions and comparable violations.
That list is neither exhaustive nor automatically sufficient. A single act can suffice if it is serious enough, but the legislature had in mind above all repeatedly running red lights, repeatedly ignoring a red cross and driving at very high speed for a prolonged period. Under the second paragraph, alcohol or drug use counts in the assessment.
The three elements: intent, serious breach and danger
First, the intent must be directed at seriously breaching the traffic rules — not at the danger or the consequences. Anyone who missed a sign or was briefly distracted did not act deliberately. Second, the breach must be "serious": a brief, single violation usually is not.
Third, danger to life or of serious bodily injury to another must have been "to be expected". In March 2025 the Dutch Supreme Court (ECLI:NL:HR:2025:344) ruled that this is assessed according to the concrete circumstances, including place and time, but that it need not be established that someone was actually nearby: in traffic it is simply not predictable whom one will encounter. That narrows the danger defence, but does not make it pointless.
What is the penalty for article 5a WVW?
Article 5a is an indictable offence with a maximum of two years’ imprisonment or a fine of the fourth category. The court can also impose a driving ban of up to five years, and ten years for a repeat offence within five years of an earlier ban.
The OM guideline for a driver of a motor vehicle starts, for a single act, at two weeks’ unconditional imprisonment and a three-month driving ban; for a combination of acts, four weeks and a six-month ban. For repeat offenders those starting points double. In the case of a street race or a police chase, confiscation of the vehicle may also follow.
The link with article 6: recklessness
Article 5a has a second function. If the behaviour leads to an accident with injury or death, the fault has "in any event" counted as recklessness since 2020 — the most serious form of fault under article 6 WVW. The maximum penalty then doubles to six years for a fatal accident.
For serious accidents the OM therefore charges article 6 with recklessness and substantiates that recklessness with the acts of article 5a. A defence against the intent or the seriousness under article 5a thus feeds directly into the sentence under article 6.
Which defences are promising?
The most important defence concerns intent: was the breach deliberate, or the result of inattention, unfamiliarity with the road or a misjudgement? Then: was the breach really "serious", or was it a single moment that belongs under article 5 (a summary offence)?
We also test the evidence of the act itself — the speed measurement, the officers’ observations, camera footage — and whether danger to others was to be expected according to general experience. If alcohol or drugs are also alleged, the strict safeguards of the breath or blood test apply; a defect there removes the aggravating factor.
The consequences beyond the sentence
A conviction for article 5a is an indictable offence on your Dutch criminal record, with consequences for a certificate of conduct (VOG) and for your insurance. The driving ban is usually unconditional and only starts once the judgment is final; the time your licence was already seized is deducted.
Separately, the CBR can impose an educational measure on driving behaviour (EMG) or an investigation into your driving skills. We manage the criminal case and the CBR track together, so that you are not hit twice unnecessarily.
More on traffic offences
Read also about the lighter article 5 WVW, about the accident through fault of article 6 WVW and about the ban on races of article 10 WVW. The overview of all traffic offences is on the page traffic offences.
Immediate help if you are accused under article 5a WVW
Under article 5a both your liberty and your licence are at stake, and the licence has usually already been taken. Call +31 6 20 44 68 60 or send the contact form; we start on the complaint and the defence the same working day. The first phone call is free.
Frequently asked questions
Is article 5a WVW an indictable offence?
Yes. The maximum penalty is two years’ imprisonment or a fine of the fourth category, with a driving ban of up to five years (ten years for repeat offenders).
I did not endanger anyone — there was nobody on the road. Is that a defence?
To a limited extent. In 2025 the Supreme Court ruled that it need not be established that someone was actually nearby; what matters is what was to be expected according to experience, given place and time. On a closed or completely deserted road the defence remains relevant.
Is speeding always article 5a?
No. Exceeding the speed limit is only article 5a if it was deliberate, serious and with expected danger to others. A single substantial excess is usually dealt with as a speeding offence or as article 5.
Will my driving licence be seized?
On suspicion of article 5a almost always. The OM decides within ten days on return; if the licence is retained, we file a complaint with the District Court.
What happens if there was an accident?
Then article 6 WVW is charged and your behaviour counts as recklessness, with a maximum sentence of six years for a fatal accident. The defence against intent and seriousness remains the core even then.
Can my car be confiscated?
Yes, in serious cases — particularly street races and police chases — the OM regularly seeks confiscation of the vehicle used to commit the offence.