We make it our business
Durnez Advocaten has broad knowledge and practical experience concerning the follow-up and handling of traffic violations, traffic accidents, and the related insurance problematic.
You can count on us for questions and procedures concerning:
- liability insurance for vehicles, legal assistance insurance, driving without insurance and the particular consequences associated with this
- interventions and negotiations with your own insurers, those of the counterparty, the motor guarantee fund, etc.
- interventions and negotiations with the public prosecutors´ offices
- the appointment of (judicial) experts with regard to the vehicle damage, physical injuries, etc.
- arrangements and procedures before the Police Courts (Dutch- or French-language), concerning both civil and criminal proceedings (e.g. involving speeding, unintentional assault and battery, alcohol intoxication, drunkenness, drug use while driving, hit-and-run, repeat offences, etc.)
- Arrangements and procedures relating to vulnerable road users (articles 29bis and 29ter of the Motor Insurance Liability Act)
We handle such matters from the perspective of both victims and defendants.
We have successfully argued cases several times before the highest courts of appeal.
- District Court of Leuven dated 16/04/1985, Verkeersrecht 1985, 139 (priority in traffic)
- Correctional District Court of Leuven dated 22/06/99, Rechtskundig Weekblad 00-01, 665 with note by F. Goossens (probation in connection with traffic offences)
- Belgian Constitutional Court dated 13/07/01, Rechtskundig Weekblad 02-03.131 (immediate revocation of driving licence – discrimination)
- District Court of Leuven dated 04/01/02, Verkeersrecht 02, issue 3, 89 (bike path in poor condition – liability of the government)
- Court of Cassation dated 19/03/02, Jura.be – road traffic, Arr.Cass. 2002, issue 3, 830; http://www.cass.be (23 April 2002); Pas. 2002, issue 3, 756; T.Strafr. 2003, issue 1, 30 (immediate revocation of driving licence)
- Cass. (2nd division) AR P.02.1583.N, 8 April 2003 (L.P.), Arr.Cass. 2003, issue 4, 917; http://www.cass.be (23 May 2003); Pas. 2003, issue 4, 764; Verkeersrecht 2003, issue 7, 253 (proof in criminal cases – probative value of an official police report – presumption of innocence)
- Belgian Constitutional Court no. 154/2004 dated 22/09/04, jura.be and Rechtskundig Weekblad 04-05, 936 (revocation of driving licence).
- Court of Cassation (2nd division) AR P.20.0528.N, 6 October 2020 (K M L V D B), https://juportal.be (8 October 2020); RW 2020-21 (summary), issue 23, 898 and http://www.rw.be/ (30 January 2021), note -; VAV 2021, issue 1, 51 (alcohol and drug tests – margin of error).
- Cass. (2nd division) AR P.20.1294.N, 16 March 2021 (D. F. C. D. K.) https://juportal.be (12 April 2021) (loss of the right to drive – augmented penalty)
Cass. (2nd division) AR P.02.1583.N, 8 April 2003 (L.P.) Arr.Cass. 2003, issue 4, 917; https://juportal.be (23 May 2003); Pas. 2003, issue 4, 764; Verkeersrecht 2003, issue 7, 253 (proof in criminal cases – probative value of an official police report)