Mulder Offense in Amsterdam: Unwitting Speeding Violation
In Dutch traffic penalty law, a Mulder offense applies when a speeding violation is not punishable because the driver in Amsterdam could not reasonably have known they were speeding. This principle, stemming from a landmark Supreme Court ruling in 1985, protects Amsterdam residents from unexpected fines for unintentional violations, especially in busy traffic on roads like the A10 or in the city center.
Origin of the Mulder Offense
The Mulder offense is based on the Supreme Court ruling of 22 October 1985, the Mulder ruling (ECLI:NL:HR:1985:AC2562, NJ 1986/154). Mr. Mulder drove at 104 km/h where the limit was 80 km/h, but his speedometer showed 85 km/h due to a manufacturing defect. The Supreme Court held that such a violation is not punishable without reasonable knowledge. This forms the core of the 'Mulder construction,' which is also applied by the Amsterdam District Court.
This aligns with the culpability principle: punishability requires guilt, and without knowledge of the exceedance, guilt is absent.
Legal Basis
The Mulder rule is grounded in case law and statutory provisions such as:
- Article 40 of the Road Traffic Act 1994: Speeding violations as infractions.
- Article 37 of the Criminal Code: No punishment without guilt.
- Article 40 of the Road Traffic Act 1994: Exceedance punishable, but Mulder limits this.
Conditions for a Mulder Offense in Amsterdam
A successful Mulder defense requires strict criteria, refined by the Supreme Court and Amsterdam District Court. Overview:
| Condition | Explanation | Amsterdam Example |
|---|---|---|
| Unexpected Reading | Driver surprised; no repetition. | One-time 20 km/h over on the S113, speedometer below limit. |
| No Knowledge | Did not know and could not have known. | Faulty speedometer in traffic jam on A10. |
| Reasonable Circumstances | No extreme congestion or warnings. | Open lane on Amstelveenseweg, no signs. |
| No Gross Negligence | No recklessness (no Mulder-plus). | No alcohol or phone use in city center. |
Failure to meet these leads to a Mulder-plus, resulting in punishability, e.g., for repeated violations in Amsterdam.
Examples from Amsterdam Case Law
Example 1: Faulty Speedometer on A10
Flashed at 130 km/h (limit 100 km/h), speedometer showed 105 km/h due to manufacturing defect. Police judge of Amsterdam District Court honors Mulder: dismissal (art. 12 para. 1 sub 3 Code of Criminal Procedure).
Example 2: Accelerating in Traffic Jam
Briefly exceeded limit while overtaking on busy A10 ring road without noticing. Court of Appeal: Mulder offense for one-time incident.
Example 3: Rejection
Repeated 30 km/h over in city center: public prosecutor shows pattern, so punishable at Amsterdam District Court.
These cases illustrate practice at the Amsterdam District Court, often resulting in dismissal or acquittal.
Rights and Obligations in a Mulder Offense
Rights:
- Defense before police judge at Amsterdam District Court or prosecutor's hearing.
- Seize speedometer for RDW inspection.
- Appeal (art. 67 Code of Criminal Procedure).
Obligations:
- Submit defense to public prosecutor within 14 days after giro notice.
- Provide evidence (inspection, witnesses).
- Cooperate with RDW/ANWB.
Always note 'Mulder defense' in the police report! Consult Juridisch Loket Amsterdam for assistance.
Frequently Asked Questions
Does Mulder apply to every Amsterdam violation?
No, only minor, one-time incidents without knowledge. Over 30 km/h or recidivism often not.
How do I prove it?
RDW/garage inspection with certificate, plus trip description. Send to public prosecutor or Amsterdam District Court.
Public Prosecutor Rejects?
Repeat at hearing. Appeal if convicted; success rate 40-60% with strong evidence.
Also for speed cameras in Amsterdam?
Yes, with speedometer proof and photos of signs, e.g., in IJtunnel.
Tips for Amsterdam Residents
Here's how to successfully invoke Mulder:
- Quick Action: Keep police report, don't pay immediately.
- Speedometer Check: Get inspected (€50-100, often refunded if successful).
- Defense Letter: Templates via Legal Aid or Juridisch Loket Amsterdam.
- Lawyer: For fines >€400 or license risk; find via Municipality of Amsterdam referrals.