Lawyer Road Criminal Law
Refusal to yield, driving without a license, traffic accident, drinking and driving, drug driving, speeding, hit and run, driving despite a suspended license, manslaughter … You are prosecuted for one of the following traffic offences? With its lawyers specialized in road traffic law, the Goldwin firm is able to defend your interests.
Types of traffic violations
Contraventions
The Highway Traffic Act provides for different levels of offences. In fact, some offences are only a ticket while others are a misdemeanor.
As far as fines are concerned, they are divided into 5 classes. 1st, 2nd, 3rd and 4th class offenses can be subject to a point deduction and a fixed fine. As for 5th class offences, they can also be subject to an additional penalty and a criminal fine.
For example, unauthorized parking is a 1st class fine. Using a telephone while driving or failing to use your turn signals is a 2nd class fine.
The speeding tickets depend on the number of km/h that were exceeded. If the speeding is less than 20km/h, the ticket is class 3. On the other hand, if the speeding is over 50km/h, the ticket will be class 4.
The offences
Several offences are provided for in the Highway Code.
Driving without a license:
The offence of driving without a license is provided for in article L221-2 of the highway code. This offence concerns people who have never been in possession of a driving license.
If you are prosecuted for not having a driver’s license, you risk 1 year in prison and a 15,000 euro fine.
Driving under alcohol :
Article L234-1 of the Highway Code “I.- Even in the absence of any sign of obvious drunkenness, the fact of driving a vehicle under the influence of alcohol characterized by a concentration of alcohol in the blood equal to or greater than 0.80 grams per liter or by a concentration of alcohol in the exhaled air equal to or greater than 0.40 milligrams per liter is punishable by two years’ imprisonment and a fine of 4,500 euros.”
Driving under the influence of drugs:
Following a police stop, you have taken a salivary test that turned out to be positive?
The lawyers at Goldwin Law Firm are competent to assist and represent you in a possible hearing. A traffic lawyer will be able to obtain the most appropriate and favorable penalty for his client.
The penalty for driving under the influence of drugs is set out in article L235-1 of the Highway Code. This one foresees a fine of 4.500 euros as well as 2 years of imprisonment.
CAUTION: Cannabis can be detected up to several weeks after its consumption.
Refusal to obey :
The refusal to obey foreseen in the article L233-1 of the highway code refers to the fact of not accepting a police control. The fact of not stopping when a police or gendarmerie officer orders you to do so is similar to a refusal to obey. One of the conditions to characterize the refusal to obey is the visible recognition of the police officer or gendarmerie. Indeed, if the driver could have expressed a reasonable doubt on the quality of the principal, the refusal to comply can be questioned. It is essential to ensure that the refusal to stop was intentional. What is important in order to report a refusal to stop is the driver’s intent to evade a police stop.
This offence can be punished by a fine of 15.000 euros and 2 years of imprisonment.
The role of the traffic lawyer is to make sure that there are no procedural defects and that the conditions to characterize the offence are met.
Driving in spite of the cancellation or suspension of the driver’s license:
This offence is to be distinguished from the offence of driving without a license. Indeed, while driving without a license implies that the person has never been in possession of a driver’s license, driving in spite of cancellation or suspension means that the driver has already held a driver’s license.
Article L224-16 of the Highway Code provides for a penalty of up to 2 years imprisonment and a fine of 4,500 euros.
To know:
The penalties provided for in the Highway Code may be accompanied by an additional penalty.
Example of complementary penalties :
- Withdrawal of points on the driving license
- Training course in road safety awareness
- Confiscation of the vehicle
- Cancellation or suspension of the driving license
Does your situation concern an offence that has not been named in this article?
This being an exhaustive list of traffic offenses, our traffic lawyers are also qualified to handle any other offenses that are not listed above but that concern the traffic code.
