Road traffic lawyer

Types of traffic offence

Infringements

The Highway Code provides for different levels of offence. In fact, some offences are simply contraventions, while others are délits.

Offences are divided into 5 classes. For^1st,^2nd,^3rd and^4th class offences, points may be deducted and a fixed fine may be imposed. Class ⁵ offences may also be punishable by an additional penalty and a criminal fine.

For example, unauthorised parking is a^1st class offence. Using your mobile phone while driving or failing to use your indicators is a^2nd class offence.

The speeding fines depend on the number of km/h exceeded. If the speeding is less than 20km/h, the fine will be class 3. On the other hand, if the speeding is more than 50km/h, the fine will be class 4.

Offences

The Highway Code provides for a number of offences.

Driving without a licence :

The offence of driving without a licence is set out in article L221-2 of the Highway Code. This offence concerns people who have never held a driving licence.

If you are prosecuted for driving without a licence, you risk 1 year’s imprisonment and a fine of €15,000.

Driving under the influence of alcohol :

Article L234-1 of the Highway Code: “I.- Even in the absence of any obvious signs of intoxication, driving a vehicle while under the influence of alcohol characterised by a blood alcohol concentration equal to or greater than 0.80 grams per litre or by a breath alcohol concentration equal to or greater than 0.40 milligrams per litre is punishable by two years’ imprisonment and a fine of €4,500.

Driving under the influence of drugs :

Following a police check, did you take a saliva test that turned out to be positive?

The lawyers at Cabinet Goldwin can assist and represent you at any hearing. A lawyer specialising in road traffic law will be able to obtain the most appropriate and favourable 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 provides for a fine of €4,500 and 2 years’ imprisonment.

CAUTION: Cannabis can be detected up to several weeks after consumption.

Resisting arrest :

Refusal to obey, as defined in article L233-1 of the Highway Code, refers to the fact of not accepting a police check. Failure to stop when ordered to do so by a police or gendarmerie officer is tantamount to refusal to yield. One of the conditions for refusal to obey is that the police or gendarmerie officer must be clearly recognised. If the driver is able to cast reasonable doubt on the status of the person giving the order, the refusal to comply may be called into question. It is essential to ensure that the refusal to stop was indeed intentional. What is important in order to report a refusal to yield is the driver’s intention to evade a police check.

This offence is punishable by a fine of 15,000 euros and 2 years’ imprisonment.

The role of the criminal road traffic lawyer is to ensure that there are no procedural flaws and that the conditions for the offence have been met.

Driving despite the cancellation or suspension of a driving licence :

This offence should be distinguished from the offence of driving without a licence. Whereas driving without a licence implies that the person has never held a driving licence, driving despite cancellation or suspension means that the driver has already held a driving licence.

Article L224-16 of the Highway Code provides for a penalty of up to 2 years’ imprisonment and a €4,500 fine.

For your information:

The penalties laid down in the Highway Code may be accompanied by an additional penalty.

Example of additional penalties:

• Withdrawal of points from driving licence
• Road safety awareness course
• Confiscation of the vehicle
• Cancellation or suspension of driving licence

Does your situation concern an offence that has not been named in this article?

As this is an exhaustive list of road traffic offences, our lawyers specialising in road traffic law are also qualified to deal with any other offences not listed above but which concern the highway code.