Road Criminal Law
It is a fact; the road is a space in which we are all user’s security officers of others.
The judicial treatmentof the reckless driving evolved a lot on the last decade.
Further to the controls strengthened by law enforcement, we face a real explosion of dispute (30 % from 2000 till 2011 to reach300 000 condemnations sanctioning370 000 breaches).
The road breaches are to be distinguished between offence and fines:
We speak about finewhen the road breach concerns: the car park; an exceeding the speed limit; the failure to respect the traffic light; a drink-driving with a rate of cool al lower than 0,80 g/l; the telephone in the steering wheel; the defect of inspection of a vehicle, etc.
On the other hand, it will be about an offence (graver) in the following cases: a drink-driving with a rate of alcohol upper to 0,80 g/l; a hit-and-run offence; a refusal to obey law enforcement; a conduct(driving) after a revocation of license; a second offenseof exceeding the speed limit in the least equal to 50 kph in 3 years; involuntary wounds caused by an exceeding the speed limit in the least equal to 50 kph or another manslaughter during an exceeding the speed limit in the least equal to 50 kph; involuntary wounds or manslaughter caused by a drink-driving; involuntary wounds or manslaughter caused during an accident.
Raisingpenal jurisdictions "classics" (Police court, Magistrates' court) it is in the concernof relief of congestion of the Courts that the road breaches were the object of new fast said procedures: penal composition, penal prescription and appearance on preliminary gratitudeof guilt in front of the Public prosecutor (said CRPC) (Sources(Springs): Ministry of Justice).
Watch out, these fast procedures were said "alternatives" the pursuits in front of the penal jurisdictions, imply your recognition of the facts which are blamed to you.
Regarding CRPC in particular, the Public prosecutor will propose you a punishmenta little less heavy than the one that you could incur in front of the penal jurisdictions, on the condition of obtaining from you one " to plead culprit ".
As a reminder, in French criminal procedure of romano-Germanic inspiration, to plead culprit does not exist, every citizen being presumed innocent until proved otherwise.
To plead it culprit thus has nothing harmless because the punishmentswhich ensue from it can show themselves heavy of consequences: prison sentence matched of reprieveor of a probation order, suspension of your driving license, pure and simple cancellation of your license with ban to take it before certain period, pecuniary fine in proportion to your resources.
To note that these punishments are the object of a registrationto the police record.
So, when you are addressedor summoned in front of the Public prosecutor or his delegate "to negotiate" your punishment, it is essential to come to consult us to advise,, accompany and protect your interests and the integrity of your invaluable license!
See also :
Vous êtes mariés, pacsés ou ...
Quelles sont les nouveaux montants alloués en ...