INTERVIEW
This is an information that should interest those who had the unpleasant surprise of receiving a PV after exceeding the limited speed at 80 km / h on a secondary road. Several lawyers claim that fines could be challenged in court. Indeed, on May 16, Édouard Philippe agreed to relax his measure, and to let the presidents of departments decide whether or not they kept it on their networks. In a few weeks, therefore, many axes will return to a limitation of 90 km / h, instead of 80 km / h.
According to these lawyers, a principle of law would make it possible to call into question the hundreds of ongoing proceedings: the retroactive application of the most favorable law to litigants.
"Respect for a principle of criminal law"
"It is the respect of a principle of criminal law which applies in criminal, delictual and also in contravenal matters.You will have differences of treatment according to the period to which you were controlled on the same way of circulation, "explains Rémy Josseaume, a lawyer specialized in road law, at the microphone of Matthieu Belliard, Thursday on Europe 1. Clearly, if the motorists were flashed at less than 10 km / h of the speed regulation, they can request the nullity of the proceedings, according to the lawyer. "This question is legitimate, legally based, and it will come before the courts," he warns. However, this principle would not be applicable to fines already paid.
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Road Safety denies
For its part, the Road Safety Delegation has formally denied the statement made by Rémy Josseaume and his colleagues. "Articles R. 413-14 and R. 413-14-1 of the Highway Code punish the fact, for any driver of a motor vehicle, to exceed the maximum speed allowed," recalls Road Safety. "These texts will not be repealed or modified: the elements constituting the offense will remain the same, as well as the amount of the fine which depends on the extent of the exceeding of the authorized speed. that, the fact of not respecting the speed limit in force.The fact that the speed, which would be here fixed by a decree of the chairman of the county council, can be increased, therefore has no impact. by the Court of Cassation in January 2006. "
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A contradictory judgment delivered by the Court of Cassation
"This is not the first time that Road Safety denies information, sometimes it is right, sometimes not.In this case, it uses a stop of 2006. Me I highlight another stop, a little less dusty , of 2016, where the Court of Cassation has validated the principle of retroactivity of the criminal law, "replies Rémy Josseaume. "I do not pretend to have an absolute truth, I'm just saying it's a question that's going to arise, and we're going to argue those arguments."