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Penal composition: dispute the loss of point(s)

2022-06-22T09:36:01.692Z


NEWS - The Council of State has just recently (May 31, 2022, n° 456236) canceled a decision to lose a point following a criminal composition procedure.


For a withdrawal of license points to be regular, the road user must be informed when noting the offense of a certain amount of information on his notice of contravention.

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However, whatever the form of judgment of the offense (fine or offence), the criminal judge has no obligation to provide information and his judgment does not have to mention the existence of the loss of points.

For the courts, this is an administrative police measure issued by the Ministry of the Interior.

In this recent decision, the Council of State takes a different position in the case of a criminal composition (procedure which allows the prosecutor to propose a sanction in the event of traffic offenses without going before the judge).

He judges that if the report of criminal composition does not inform the user of the risk of loss of points, the administration cannot legally remove the points of the said offense from his driving licence.

Source: lefigaro

All news articles on 2022-06-22

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