Drunkenness on a bike or crossing a red light on a bike, is it serious? Yes, it’s even dangerous and it can, in some cases, lead to a loss of the right to drive… a car!
Our legislation is not close to a strangeness, even if everything is a matter of case. Let’s examine this a little closer.
Taking your bike after a drunken evening is criminally risky
One drunken evening, you planned it, the car was left in the garage and you reached the party venue by taxi, public transport, scooter or bicycle. When the party is over, and a few drinks later, you decide to go home, and you tell yourself that cycling is a safe, ecological and harmless option. Warning: not only does alcohol affect your senses and your judgement, but it is also possible, legally and technically, to be prosecuted (in the police court) for offenses committed with something other than a car: with a bicycle, a scooter, or even on foot! You should therefore not believe yourself immune from any sanction and any prosecution on the grounds that you violate the highway code other than in a car (or on a motorcycle).
But what does the criminal law say about traffic? It generally provides for various types of sanctions depending on the offense committed: this can range from a simple fine to disqualification from driving (improperly called withdrawal in everyday language, the withdrawal being that sometimes operated by the police or the prosecution in the event of flagrante delicto), sometimes with examinations for reinstatement in the right to drive (theoretical, practical, medical, psychological examinations), or even, in the most serious cases, up to a prison sentence. With regard to disqualification from driving, the law distinguishes between mandatory disqualification cases (the judge being required to pronounce one) and optional disqualification cases (leaving it to the judge to assess the advisability of a forfeiture). For example, in the event of drunk driving or hit-and-run with injuries, the law provides for a mandatory minimum disqualification (one month for drunkenness and three months for hit-and-run with injuries). In the second example (hit and run with an injured person), it is also mandatory to undergo the four reintegration examinations. The same applies in the event of a repeat offense within 3 years for a series of other serious offenses (significant speeding, narcotics driving, driving without insurance, driving despite a disqualification, etc.).
Forfeiture
Until a few years ago, the law did not distinguish whether the offense leading you to court was committed in a car or not. A drunk cyclist, for example, should therefore be given a disqualification from driving for one month, and no longer be able to drive his car during the execution of this sanction.
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To compensate for this somewhat blind automaticity of the law, it was amended a few years ago to allow the judge not to have to pronounce forfeiture of the right to drive a motor vehicle (and to make reinstatement in the right to drive to certain exams), if the offense was committed with a vehicle that does not qualify for disqualification or if the offense was committed by a pedestrian.
Attention: it is only the judge’s obligation that has been transformed into a possibility. The judge therefore retains the option, if he deems it appropriate and justified, to order a forfeiture of the right to drive towards, for example, a cyclist (or even a pedestrian), due to the circumstances of the case. These circumstances could result from the context of the facts, their consequences (wounded, dead) or even the criminal record of the person prosecuted. She could therefore possibly have her driving license withdrawn for a certain time, or even have to retake one or more exams.
So be careful whatever your “quality” on the road! If you drive there, even without driving, the law and its sanctions can also affect you. The road is shared. Responsibilities too, so be careful!
And if you were to be sued as a cyclist, scooter driver or even a pedestrian, consider consulting a lawyer because, as a well-known motto says, a lawyer is someone you have to see first to avoid trouble afterwards.
Who is Cavit Yurt, the author of this text?
Cavit Yurt has been practicing as a lawyer at the Brussels Bar since 2007. A specialist in criminal law and road traffic law, he practices at Yurt&Yurt, a renowned firm in matters of criminal cassation and criminal road traffic law.
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This series is a partnership between La Libre and the French Order of the Brussels Bar.