"
I propose the withdrawal of the twelve points from the driving license for anyone who drives while using drugs
", declared Gérald Darmanin on February 19 in an interview with the
Sunday newspaper
, nine days after the accident involving Pierre Palmade.
While driving on a departmental road in Seine-et-Marne, the actor had consumed a synthetic drug, called 3-MMC, used as a substitute for cocaine.
During the accident, a 27-year-old pregnant woman lost her baby, a 38-year-old father and his 6-year-old son are still hospitalized in serious condition.
Now under judicial control, Pierre Palmade is accused of manslaughter with aggravating circumstances for consumption of illicit products.
Read alsoPierre Palmade accident: the child “will not come out unscathed”, the driver still “between life and death”
Each year, drug use is responsible for more than one in five deaths on the road, according to the National Interministerial Observatory for Road Safety (ONISR).
In order to "
reinforce the sanctions against the use of drugs on the road
", the Minister of the Interior declared that he wanted to reclassify road accidents as "
road homicides
", making the withdrawal of a license and the medical examination automatic for the driver under narcotics.
The drug responsible for 21% of fatal accidents
Banned in France, drug use has devastating effects on attention and the perception of danger.
Cannabis and opiates, for example, cause drowsiness as well as slowed movement and reaction time.
Ecstasy masks the feeling of fatigue and disturbs the mental faculties, giving the impression of being alone and free on the road.
Finally, cocaine and associated synthetic drugs cause aggressive driving with errors of judgment that can go as far as loss of control of the vehicle.
The consumption of narcotics doubles the risk of creating a fatal accident.
With a cannabis/alcohol cocktail, it is multiplied by 29.
Read alsoThese accidents caused by drivers without a license
If five million French people frequently used cannabis in 2022, two million cocaine and ecstasy, it is not easy to count the number of drivers who drive after having smoked a joint or inhaled white powder.
At 800,000 in 2022, drug tests, necessarily saliva or blood, are more difficult to set up than an alcohol test where you just have to blow into a breathalyzer.
Another difference is that they are not compulsory at each control but only in the event of a fatal accident.
This explains their lower number and the absence of data on simple drivers under the influence of drugs and not responsible for accidents.
According to the National Interministerial Road Safety Observatory (ONISR), drivers who tested positive for narcotics responsible for fatal accidents are 93% men and represent 23% of 18-24 year olds.
17% of them are on a motorbike, 67% by car.
Double alcohol/drug consumption is common, half of them also have an alcohol level above the legal limit of 0.5 g/L.
Withdrawal of 6 license points and 4500 euros fine
If Gérald Darmanin testified to his motivation to change the law on this subject, what is planned today for a driver under the influence of narcotics?
According to the Highway Code, six points are deducted from the driving license.
To this can be added two years' imprisonment and a fine of 4,500 euros.
In the event of a bodily accident, the penalty can go up to five years in prison and a fine of 75,000, 7 years and 100,000 euros if the person who suffered the accident is dead.
Finally, if the driver recurs, his license can be immediately suspended with a ban on applying for a new one for three years.
In the event of a positive driving test for cannabis, cocaine or other drugs, the driver now loses 6 license points and can be sentenced to two years in prison and a fine of up to 4,500 euros.
Road safety
Strengthen controls
Should we tighten the repression to reduce the number of deaths on the road, victims of drug consumption?
Can the total withdrawal of the license be a good solution?
In 2021, of the 14.6 million points withdrawn, 250,000 were for the use of narcotics, or only 1.7%.
A small proportion found in the number of pink passports invalidated for lack of points after several positive checks.
Of the 74,902 driving licenses canceled, 760 were for narcotics.
Compared to driving under the influence of alcohol, a high blood alcohol level, responsible for 30% of road deaths, results in twice as many point deductions.
“You have to be careful with the measures decided on the spot in the face of a one-off event
, comments to Le
Figaro
Me Étienne Lesage, road law lawyer.
The risk of immediately withdrawing the license flouts the right to make mistakes.”
For the specialized lawyer, the most effective measure would be to strengthen controls, thus making it possible to stop more drivers under the influence of drugs, before they are responsible for a fatal accident.
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ALSO
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