tawny owl Posted November 21, 2008 Share Posted November 21, 2008 Due to a muddled series of events(and language) when my husband was pull up in the car not long ago, instead of giving him a fine on the spot which apparently should have happened they thought he lived in France and gave him a court date. We are not sure what will happen now except things regardless of the mistake will take there course. We anticipate a fine, and wondered do you have a period of time to pay or is it demanded on the spot, as we will need to move money and it is not a good time? Thanks Link to comment Share on other sites More sharing options...
Sunday Driver Posted November 21, 2008 Share Posted November 21, 2008 It’s not clear from your comments as to what the true circumstances are here.Minor to middling traffic offences are subject to a fixed penalty (eg, fine/points/ban), and the police will issue a ticket (procè s-verbal) which shows the offence, the penalty incurred, and the due date for payment of the fine. Because non-residents can abscond without paying, they are subject to on the spot fines.More serious offences which, in the main, involve a more substantial fine/ban plus a potential prison sentence, are always dealt with by a court appearance. Residents will receive a summons detailing the offence and the date of the trial. Again, because non-residents can abscond, they are arrested and immediately brought before the tribunal.For the police to think your husband lived in France, he must have produced documents showing a French address. Driving licence? Carte grise? Finally, are you sure your husband hasn’t just received a proces-verbal and the ‘court date’ is actually the payment date for the fixed fine? Link to comment Share on other sites More sharing options...
Clair Posted November 21, 2008 Share Posted November 21, 2008 Sunday, remember this? (3rd post)http://www.completefrance.com/cs/forums/2/1440280/ShowPost.aspx#1440280 Link to comment Share on other sites More sharing options...
Sunday Driver Posted November 21, 2008 Share Posted November 21, 2008 Thanks, Clair. Sigh...I sometimes wonder why I bother...[8-)]Tawney Owl:The fact that your husband was arrested and has to attend court means that he was well over the permitted alcohol limit. In France, that is classed as a criminal offence and falls within the Penal Code rather than the Highway Code. The maximum penalty that the judge can award is a 4,500€ fine, a two year prison sentence and a three year driving ban in France.As I mentioned in your previous thread, your husband really needs to show evidence that he is a 'foreign visitor' rather than a resident in order to try to avoid the potential prison sentence. Even so, he'll be stuck with the fine and the ban.... Link to comment Share on other sites More sharing options...
tawny owl Posted November 22, 2008 Author Share Posted November 22, 2008 Big thanks, and to Clair,for the thread to your answer to my first question. I had only joined the site that day and after writing could not find my way back to view any answers. Still learning! My husband has now got a solictor to support him as with the confusion and his diabetus he would be lost. We have also taken on board your advice about proof. It seems from what you say it could be dreadful. Are fines payable on the spot or do they give you time to pay?Thanks again Link to comment Share on other sites More sharing options...
Sunday Driver Posted November 22, 2008 Share Posted November 22, 2008 The judge would normally issue an order detailing the amount of the fine to be paid and the date for payment, probably within something like 14 days. You'll need to speak with your husband's solicitor about this. Link to comment Share on other sites More sharing options...
tawny owl Posted December 3, 2008 Author Share Posted December 3, 2008 Big thanks for advice. All over now thank heavens! Because of the solistor who was brill and circumstances surrounding situation a 500euro fine and 6 months ban . I think everything was much more frightening due to the way things were treated by the police who did not really listen. A learning curve for us.We are very new to the ways of France and have a lot to learn. Already with renovating our property we seem to be forever meeting red tape. I think this is a great site for learning. Link to comment Share on other sites More sharing options...
Sunday Driver Posted December 4, 2008 Share Posted December 4, 2008 The fine and ban is about right for a visiting 'foreigner'.A harsh lesson on the risks of drinking and driving - we should all take note of the potential consequences..... Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.