The Highway Traffic Act requires the driver to remain in control of his vehicle in all circumstances, and non-compliance with the rules of the road may result in the driver's liability being incurred. In the case of a road infraction, the amount of the fine to be paid will depend on the gravity of the infringement, classified into 5 categories of contravention or even offenses. The more serious the offense, the greater the fine.Law No. 99-505 of 18 June 1999 introduced various measures relating to road safety. For example, an excess speed of 50 km / h or more, committed in a state of recidivism within 3 years, turns into an offense against a class 5 offense in normal times.Article L413-1 of the Highway Code defines the penalties for a repeat offender. He faces three months imprisonment and a fine of 3,750 euros. This can also be accompanied by additional penalties, ie a confiscation of the vehicle for a maximum of 3 years, a suspension of a judicial permit that may last up to 3 years, a ban Driving for 5 years and the obligation to undergo a road safety awareness training course.This road crime falls within the jurisdiction of the Criminal Court. It should be noted that a driver who commits an excess speed less than 50 km / h will not be considered to be recidivist.In addition to passing a judge, the driver will be sanctioned by a 6 point withdrawal. This administrative penalty is systematic and constant.While the permit holds 12 points (6, 8 or 10 points on a probationary license), it is possible to do a point recovery course within the limit of once a year. This course, which allows to recover 4 points and lasts 2 days, requires to have a valid license without cancellation. See the details of the voluntary placement on LegiPermis.The detection of this type of crime by law enforcement officials can result in the immediate retention of the driver's license and the immobilisation of the vehicle, without being able to oppose it. The legal duration of this notice of detention is 72 hours, under which the prefect may decide, by means of an administrative penalty, to suspend the driver's license for a maximum of 6 months pending the passage before the judge.
What is the remedy for challenging this offense?
The defendant's defenses are the same as those governing speeding violations. It is the person designated by the notice of contravention who must carry out the procedure on the site of the ANTAI.The speeding excesses detected by automatic radar remain the most common type of infringement, which can be contested. Settling a ticket means that you are responsible for it, resulting in loss of points related to the offense.As a matter of principle, there is no obligation to denounce the offender at the time of the offense. In all cases, the motorist is obliged to respect certain deadlines to challenge this crime. Under the provisions of article 529-2 of the Code of Criminal Procedure, the driver has 45 days to act. That period shall be reduced to 30 if the fine is increased. In the worst case, in the absence of protest or payment at the increased lump sum stage, a notice of fine and a pecuniary sentence are sent, followed by a notice of administrative objection.Opposition procedures, which are relatively complex, do not exclude the possibility of having recourse to a lawyer specializing in the Highway Traffic Act. In many cases, PVs are void for form or background defect. For example, this may relate to the positioning of the measuring device, the homologation of the speedometer, or even verification of the proper functioning of the latter.
Is the insurer able to punish the insured for its dangerous behavior?
The "speed" factor is considered to be a major cause of road accidents occurring on French roads. But a simple excess of speed can never be sanctioned by your insurer, if the latter does not cause him any prejudice.The insurer will never refuse to compensate the bodily or material damage caused to third parties who will be covered by the compulsory civil liability insurance. As well as the damages incurred by the insured, also supported according to the type of auto contract. Concretely, the general terms and conditions of a contract of automobile insurance, can not exclude this type of guarantee or risk being treated as abusive clauses.However, the insurer will be able to readjust its contract as a result of compensation. This results in reassessing the automobile premium of the insured due to its dangerous behavior. As a result, this will impact the malus of the insured driver who will see his bonus-malus go to 125%.In addition, if the insured person's license is suspended as a result of an accident or a road crime, he has a duty to inform his insurer "of all the circumstances which Insurer the risks it assumes ". This opens the right of the insurer to terminate the contract for failure to declare, after which the insured will find it difficult to find a contract at an attractive price ...
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