The deterioration of the majority of the radars by the “yellow vests” has apparently led to a proliferation of large excesses of speed (at least 50 km/h over the pace of regulatory). They are being punished for a “breach BULLET” which, in certain circumstances, may also become a criminal offence road punished by imprisonment. In all cases, the penalty of confiscation of the vehicle may be ordered by the judge. Unlike the other offences of exceeding the speed limit lower than 50 km/h, the allowed white to the necessities of a professional activity can not be granted by the court.
The offence of excess speed of at least 50 km/h can be seen only with the aid of a radar duly registered. The range of punishment is heavy: withdrawal of 6 points, a fine of 1500 euros at most, a licence suspension of up to 3 years, prohibition from driving certain land vehicles, also for a 3-year period, obligation to carry out an internship of awareness of road safety, vehicle immobilization, and even immediate confiscation of the latter.
Confiscation of the vehicle is validated by the Court of Cassation
The case-law of the Court of cassation has validated that penalty in a decision it delivered on February 10, 2016. The High Court considered that the penalty of confiscation has a “character mainly a deterrent the objective of which is to fight more effectively against the large excess of speed, to reduce the number of deaths and injuries caused by road accidents, and responds to an imperative of general interest. She is conscious of the fact, therefore, no principle conventional”. However, the penalty of confiscation of the vehicle may be imposed only if the perpetrator of the offence is the owner, which excludes company cars or belong to an association.
The recurrence of exceeding the speed limit is an offence, therefore, the user is again verbalized less than 3 years for an overrun of at least 50 km/h. The sentences are then compounded: the fine goes to 3 750 euros and a prison sentence may be pronounced within a maximum of 3 months.
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