Loss of Points, License Withdrawal, Infractions: What Are Your Rights?

Loss of Points, License Withdrawal, Infractions: What Are Your Rights?

Penalties related to traffic violations vary according to their seriousness. They range from a simple reminder to a withdrawal of the license. However, it is difficult to say whether the severity of the infraction justifies the loss of points or the withdrawal of the driver’s license. On the other hand, this situation can be extremely worrying, primarily if your job involves driving. It is possible to contest the decision through a more or less complex process. To do so, you need a lawyer who specializes in this field.

Types of Offenses That Cause the Withdrawal of Points From the Driver’s License

The withdrawal of points depends on the type of offense and the circumstances that may aggravate it.

Driving Under the Influence of Alcohol or Other Drugs

Driving under the influence of alcohol or other drugs is an offense that is sanctioned by a withdrawal of 6 points. Other situations such as refusing a test can aggravate this offense.

Speeding

This is one of the most common offenses. Speeding offenses are punished by 3rd, 4th and 5th class fines with a deduction of one to six points depending on the seriousness of the offence.

Traffic violations

Failure to obey traffic signs is a more or less serious offense that can lead to a class 4 fine and a loss of points. This concerns dangerous driving: dangerous overtaking, crossing a continuous line, difficult parking, refusal to give way, etc.

Contesting the Withdrawal of Points or License

It is possible to contest a decision to withdraw points, license, and even cancellation of a driving license. However, the administrative steps are complex. Therefore, it would be wise to call upon a lawyer to accompany you.

Withdrawal of the Totality of the Points of the License

In case of total withdrawal of the license points, you must return the latter. You can retake the permit after 6 months, during which you cannot drive.

Calling on a lawyer specializing in recovering a driving license allows you to bypass these tedious steps and even recover your license and the points. The lawyer can appeal to the administrative court and plead your case.

In Case of a Radar Flash, the Speeding Is Contestable

If a speed camera has recorded a speeding ticket, you should know that contesting the fine or the infraction is possible. However, the situation requires the intervention of a specialized lawyer. He can evoke the nullity of form to obtain the sanction’s cancellation. Indeed, a lawyer can ask for information about the functioning of the radar to detect its reliability or not.

The Results of the Blood Alcohol Test

Only a careful analysis can validate the blood alcohol measurement. The challenge of the blood alcohol test is based on the same principle as the radar test: the nullity principle. In addition, the lawyer can challenge the reliability of the test and request a second opinion.

In Case of a Traffic Accident

In the event of an accident for which you are partly responsible, you may be intimidated by the findings and accept full responsibility. However, the tort is unintentional. This means it is always possible to look for external causes and reduce criminal liability. The lawyer can thus request an expert opinion and define the parties’ responsibilities.

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