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My son caught speeding in FRance more than 50km/h over limit.

 
TKenney, Ph.D.'s Avatar
  • Answered by:TKenney, Ph.D.
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Customer Question

My son caught speeding in FRance more than 50km/h over limit. He had an immediate fine of £750and a court summons for December.

Y0ur site doen't mention court appearances. If he has already paid a large fine what is the court appearance for?

As an englishman, what could happen?

What would happen if he didn't go?

Submitted: 293 days and 11 hours ago.
Category: French Law
Value: £22
Status: CLOSED
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Expert:  Fran-mod replied 293 days ago.

Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!

Customer replied 292 days and 20 hours ago.

Hi


Not had an answer yet.


 


Also, he had his licence taken. Whenn willl it be returned?


Thankyou


 


so far i am not happy as ive had no help yet

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Expert:  Fran-mod replied 292 days and 17 hours ago.

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.

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Expert:  Fran-mod replied 291 days and 17 hours ago.

Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!

Customer replied 291 days and 17 hours ago.

Hi I am wondering what is happening. I posted this question 2 days ago ????
I stilll need an answer


 

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Expert:  TKenney, Ph.D. replied 291 days and 15 hours ago.

In France, when a driver is caught speeding at or over 50 km/hour above the speed limit, that person is fined up to up fined to € 1,500 euros, and automatically receives a citation to appear before the Police Court. At the court trial that person can get his/her license suspensed up to 3 years without planning for professional reasons and loose 6 points (this is in accordance to article R 413-14-1 of the French Highway Code).

On the other hand if the driver was caught speeding at or over 40 km/hour above the speed limit and less than 50 km/hr the maximum fine is € 750 euros and the court trial not automatic but only if the person contests the fine and the person loses 4 points.

Your son was not fine the maximum € 1,500 euros and he still kept his driving lisence this is a good sign. This means that he may not receive the maximum 3 year suspension. As an Englishman, he will be sentenced like a Frenchman. If he does not attend the trial, he will automatically receive the maximum sentence. He will be able to appeal the decision if he wants.

Customer replied 291 days and 12 hours ago.

Hi


 


Please note that I said it was more than 50 km/hour.


 


Please note that I added the information that he did have his licence taken. I asked when would he get it back.


 


Also, if he gets a suspension that applies in France only?


 


 


Please would you add this to your answer.


 


Thank you


 

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Expert:  TKenney, Ph.D. replied 291 days and 12 hours ago.

I read that he was speeding more than 50KM/hour. I gave you additional information because you asked that “he has already paid a large fine what is the court appearance for?” This additional information was to explain why he has to appear in court.

Concerning his licence being taken away, I am sorry, but I do not see anywhere in your question that you added that that he did have his licence taken. I do not see that information anywhere.

I also do not see the question asking, when he would get it back. Please look above. At the court trial in December, he will have to request to get his licence back. The judge will make that decision.

Yes, if he gets a suspension that applies in France only.

Customer replied 291 days and 11 hours ago.

Hi


 


Thanks for your prompt reply. Sorry I was confused about the 50km/hour bit.


 


I did add the bit about the licence when the moderator told me the first time that she was finding someone to answer.


 


So, when he goes to court, is that so they can a) increase the fine or b) suspend his licence further - in which case he won't get it back? or c) anything else ?


 


Thanks for your help, much appreciated

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Expert:  TKenney, Ph.D. replied 291 days and 10 hours ago.

When he goes to court, the judge will be looking at the whole case and all the options. The judge will see:

a) if the fine was appropriate, if it should be lowered or raised,

b) whether or not to suspend his licence further,

c) whether or not to return the licence,

d) whether nor not to remove 6 points.

Your son will have the right to defend himself. If he wants his driver’s licence, or anything (the case dismissed or the fine and or suspension lowered) he has to ask for it.

Customer replied 291 days and 9 hours ago.

HI


 


Thanks so much.


 


Just to clarify :


 


The worst that can happen is


a larger fine ( is there a maximum ?)


plus a 3 year ban in France


plus 6 points ( in France? or applies in England as well?)


 


And if he doesn't attend court , that worst case willl be applied automatically?


 


Thanks

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Expert:  TKenney, Ph.D. replied 291 days and 8 hours ago.

As I wrote above,

In France, when a driver is caught speeding at or over 50 km/hour above the speed limit, the worst thing that can happen is that:

- that person can be fined up to € 1,500 euros,

- that person can get his/her license suspended up to 3 years without planning for professional reasons and

- that person can loose 6 points (applicable only in France).

As an Englishman, he will be sentenced just like a Frenchman.

Yes, if he does not attend the trial the worst case will apply automatically: he will automatically receive the maximum sentence mentioned above (unless he informs the court with a good excuse asking the date to be changed and the court accepts his request). However if the court goes ahead with the trial in his absence, he will be able to appeal that decision if he wants.

Customer replied 291 days and 8 hours ago.

Hi there


 


 


Thanks so much.


 


I willl leave this open until my son comes home. I willl ask him if he has any further questions and then if not i willl close it.


 


 


Thanks for the excellent service.

Accepted Answer

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Expert:  TKenney, Ph.D. replied 291 days and 7 hours ago.

Normally, you are to ask only one question and after you get the response you are to rate me so that I can get paid and then you must open another page if you have new questions.

Expert TypeFrench Attorney (Avocat à la Cour)
Category: French Law
Pos. Feedback: 96.0 %
Accepts: 688
Answered: 6/24/2012

Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US

Ask this Expert a Question >
Customer replied 290 days and 22 hours ago.

Thank you for your help.


 


I was unhappy to start with as I posted the question on Friday and didnt get any answer until Sunday. However, once the legal expert was on board, he was prompt and helpful.

Customer replied 289 days and 8 hours ago.

Hi


 


I keep getting messages asking me to rate this, but I have already done so! Do I need to do something else??

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Expert:  TKenney, Ph.D. replied 289 days and 5 hours ago.

I do not think you have to do something else. I think there is a bug in the program.

 
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