DRIVING LICENCE SUSPENSION: THE PENALTY MUST BE JUSTIFIED

Suspension of driving licence and penalty

The Court of Cassation recently reaffirmed the importance of giving reasons for sentences of driving licence suspension.

Any decision must take into account the seriousness of the offence. But also the personality and personal circumstances of the offender.

This requirement guarantees justice that is fair and adapted to each individual situation.

In a recent case, a driver challenged the decision of the Versailles Court of Appeal. The court had suspended the driver's licence without giving sufficient reasons for its decision.

The driver had been convicted of ignoring a red light. However, the reasons for the sentence only took into account the seriousness of the offence, without examining his personal situation.

The Court of Cassation therefore partially annulled the decision. In so doing, it emphasised the importance of considering all aspects of the defendant's life when determining sentences.

This decision reminds the courts of the importance of personalising sentences to ensure balanced justice.

Suspension of driving licence The penalty must be justified 🚗

Cass. crim., 18 March 2025, no. 24-80.661

What you need to know:

Suspension of driving licence

What is a "driving licence suspension"?

What is the difference between a judicial suspension and an administrative suspension of a driving licence?

Finally, how long can this go on for?

Administrative suspension of driving licence following an offence

As a result, when the forces of law and order observe an offence that may be punished by an administrative suspension of the driving licence, they pass on the information to the prefect or sub-prefect:

-or a copy of the minutes,

-or the notice of detention. In the case of an offence requiring the police to immediately detain the driver's licence).

What offences can lead to administrative suspension of a driving licence?

The prefect or sub-prefect may issue a temporary driving licence suspension order in the event of the following offences:

-for all offences punishable under the Highway Code by a supplementary penalty of suspension of the driving licence if the offence report is referred to it;

-for all offences for which the police are obliged to detain the driver's licence if they stop the vehicle. These are the following offences: driving :

-under the influence of alcohol as determined by an approved device or a blood test ;

-. in a state of obvious drunkenness or refusal to submit to checks on blood alcohol levels ;

-under the influence of narcotics as determined by a saliva test or medical, clinical and biological examinations ;

-Refusal to submit to checks on drug use ;

-. speeding of 40 km/hour or more established by means of an approved device with interception of the vehicle ;

in the event of a road traffic accident resulting in the death of a person or causing personal injury, where there are one or more reasonable grounds for suspecting that the driver has committed an offence with regard to the use of a hand-held telephone, the observance of speed limits or the rules for passing, overtaking, junctions and right of way ;

when the vehicle is intercepted, where an offence relating to the use of a hand-held telephone is established simultaneously with one of the offences relating to compliance with the rules governing the driving of vehicles, speeding, passing, overtaking, intersections and right of way, the list of which is set out in article R. 224-19-1 of the Highway Code.