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To drive a motor vehicle, in general, the detention of a driving license is obligatory.
The driving license to points was founded by the law of July 10th, 1989 (n°89-469) and it came into force on July 1st, 1992. A start-up capital of 12 points is affected with the driving license. Certain offenses against the highway code involve a loss of points automatically.
If you lose the totality of your points, your license is invalidated. It will be to you interdict to drive a vehicle, whose control requires a license, for 6 months, which means that you lose all your licenses, even if you have several of them.
Cancellation of the driving license
The cancellation of the license is pronounced by the magistrates' court in the very serious cases of infringements to the highway code, like:
- hit and run offense;
- homicide and involuntary injuries;
- driving under influence of intoxication;
- refusal to restore a license suspended or selected;
- refusal to subject itself to the tracking of the blood alcohol content:
- control for one period of suspension or retention of the license.
The cancellation of the driving license is automatically marked in the event of:
- repetition of driving under influence of intoxication,
- driving under influence of intoxication having resulted in serious wounds or death,
- repetition of refusal to subject itself to the checks of the blood alcohol content.
This cancellation is matched prohibition to request the delivery of a new license during 3 years (prohibition being able to be increased to 5 years in the event of wounds or homicide, 10 years in the event of repetition of driving under influence of intoxication or repetition of refusal of checking of the blood alcohol content).
Driving ban
The driving ban can intervene when serious offenses against the highway code are made, in particular:
- excess speed of at least 40 km to the top authorized maximum speed;
- non-observance of the priority, a stop or a red light;
- driving under influence of intoxication with a blood alcohol content equal or higher than 80g/l in blood:
- hit and run offense;
- circulation of direction prohibited on the highways;
- use of a holder of radar;
- non-observance of the obligation of insurance.
Duration of the suspension of the license, if it is decided by the court can be of:
- 3 years;
- 5 years in the event of judgment pronounced for infringements carrying reached involuntary with the life or the physical integrity or psychic of a person.
These sorrows are doubled in the event of repetition, of control or hit and run offense under the influence of an alcoholic state. The sorrow can be doubled only if the person makes, in repetition, one of these infringements or if it makes, for the first time, one of the infringements at the same time as D " elects of escape or control under alcoholic state.
If it is decided by the prefect (administrative suspension):
- 6 months;
- 1 year in the event of homicide, serious wound or of hit and run offense.
The driver can seize the commission in the 15 days which follow the notification of the suspension.
When the capital points is tiny room to zero, the driving license loses its validity with prohibition to obtain new before a 6 months deadline. The total loss of the points automatically involves prohibition to drive any vehicle whose control requires a license. The holder is informed by registered letter with AR. He has a one week deadline with reception of the mail to bring back his driving license to the prefecture.
The white license
The white license is the possibility for the judge of arranging the sorrow of driving ban. In order to establish the certainty of the sanction and to limit the risks of reiteration, the law removes the possibility for the judge of granting a white license for the road offenses most serious.
All the users condemned for the following faults will not be able to profit any more from the white license:
- homicide and involuntary injuries by a driver;
- control with a blood alcohol content superior to 0,5 G of alcohol per litre of blood;
- control after having made use of amazing products, whatever the absorptive quantity;
- setting in danger of the life of others;
- offense of great excess speed in repetition;
- hit and run offense.
Some one of the principal infringements
Fatal accident caused by imprudence
- fine of 75000 Euros;
- withdrawal of 6 points of the driving license;
- suspension and cancellation of the license during 5 years;
- 5 years of prison.
Setting in danger deliberated on the life of others
- fine of 15.000 Euros;
- suspension and cancellation of the license during 5 years;
- 1 year of prison.
Hit and run offense
In the event of accident, you must stop at once that is possible for you. If you do not respect these obligations could be continued for:
- hit and run offense. You will incur a 2 years of prison sorrow, a fine being able to go up to 30.000 Euros and a suspension of driving license (more withdrawal of 6 points);
- not assistance to anybody in danger which you were or not the driver at the origin of the accident. This offense is sanctioned of 5 years of prison and 75.000 Euros fine.
Refusal of tracking
If you refuse to subject to you to the breathalyser test, the policemen make carry out checks likely to prove the alcoholic state (analyzes, medical examinations, ethyl meter).
- cancellation of the license, suspension of the license or immediate retention;
- 2 years of prison and 4.500 Euros of fine;
- withdrawal of 6 points.
Refusal to comply
- fine of 3.750 Euros;
- withdrawal of 6 points of the driving license;
- suspension of the 3 years license;
- 3 months of prison.
Driving under influence of intoxication
Any person who drives a car in a state of intoxication, even in the absence of any external sign can be condemned.
- infringement of 4th class;
- withdrawal of 3 points;
- immobilization of the car.
Sanctions of alcohol at the wheel
- from 0,5g/l in blood, the alcohol excess is sanctioned by an infringement and the withdrawal of 6 points of the license;
- starting from 0,8g/l, the offense is judged by the magistrates' court;
- the contravener risks a 2 years of prison sorrow, a fine being able to rise with 4.500 Euros and a withdrawal of 6 points of the license.
Repeat of alcoholic driving under influence >0,8 g/l or in a state of intoxication and refusal of checks alcohol
- 4 years of imprisonment;
- 9.000 Euros of fine;
- withdrawal of 6 points of the license.
Sanctions of the use of narcotics at the wheel
- 4 years of imprisonment;
- 4.500 Euros of fine;
- withdrawal of 6 points of the license.
The sanctions are worsened when this infringement is coupled with blood alcohol content: the sorrows are increased to 3 years of imprisonment and
9.000 Euros of fine. The court can decide to inflict a driving ban to you for a duration that can reach
3 years even the cancellation of the driving license with prohibition to request new during 3 years at the maximum.
Control without license
- 15.000 Euros of fine;
- 1 year of prison.
Repeat of control without license
- 3.750 Euros of fine;
- 2 years of prison.
Refusal to give an invalidated license
- 4.500 Euros of fine;
- 2 years of prison.
Control in spite of suspension, retention or cancellation of the driving license
- fine of 4.500 Euros;
- withdrawal of 6 points of the driving license;
- suspension and cancellation of the 3 years license;
- 2 years of prison.
Circulation without insurance
- fine of 3.750 Euros;
- suspension and cancellation of the 3 years license.
Wounds by failure: incapacity higher than 3 months
Any driver which by failure deliberated with an obligation on prudence or safety imposed by the law or the payment causes with others an involuntary injury involving a disability higher than 3 months:
- driving ban;
- cancellation of the license with prohibition to ask a new license before 5 years;
- withdrawal of 6 points of the driving license;
- 3 years of prison and a fine of 45.000 Euros.
Involuntary injuries: incapacity higher than 3 months
Any driver which at the time of an accident, causes with others, by awkwardness, imprudence, negligence, failure with an obligation of safety, an involuntary injury involving a disability higher than 3 months:
- driving ban;
- cancellation of the license with prohibition to ask a new license before 5 years;
- withdrawal of 6 points of the driving license;
- 2 years of prison and a fine of 30.000 Euros
.
Manslaughter by driver of vehicle
- fine of 75.000 Euros;
- withdrawal of 6 points of the driving license;
- suspension and cancellation of the license;
- 5 years of prison.
Manslaughter by driver worsened by a circumstance
- fine of 100.000 Euros;
- withdrawal of 6 points of the driving license;
- suspension and cancellation of the license;
- 7 years of prison.
Manslaughter by driver worsened by two circumstances or more
- fine of 150.000 Euros;
- withdrawal of 6 points of the driving license;
- suspension and cancellation of the license;
- 10 years of prison.
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