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Anyone who has to appear before the police court (tribunal de police) judge often asks the same question: can the driving ban (déchéance du droit de conduire) be suspended? The answer is yes, but never entirely. The Road Traffic Act (loi relative à la police de la circulation routière) requires part of the ban always to be actually served. For the rest, the judge can grant a suspension (sursis), provided you behave well during a probation period.
A suspension means that you do not have to serve part of the penalty, unless you commit a new offence during the probation period. It is therefore a second chance, on conditions. In this article, you will find out when a suspended driving ban is possible, what the minimum is, when the suspension can be revoked and how to ask for one in practice. The general rules are set out in our overview of the driving ban.
Is a suspended driving ban possible?
Yes. A driving ban that the police court judge imposes as a penalty is a penalty like any other. For penalties, there is the suspension of enforcement (sursis à l’exécution): the judge imposes the penalty, but decides that you do not have to serve it, or only part of it.
Until 31 August 2026, this regime was set out in the Act of 29 June 1964 on suspension, deferment and probation. Since 1 September 2026, it has been in Article 65 of the new Criminal Code. The Act of 25 May 2026 amended Article 41 of the Road Traffic Act accordingly.
The minimum: eight days actually served
Article 41 of the Road Traffic Act is clear. If the judge wants to impose a suspended driving ban, they must keep an effective part of at least eight days. A fully suspended driving ban is therefore not possible.
An example: the judge imposes a three-month driving ban, of which two months are suspended. You must then actually serve one month. The other two months hang over your head during the probation period.
| Ban imposed | Possible suspension | Minimum to serve |
|---|---|---|
| 15 days | 7 days | 8 days |
| 1 month | up to about 3 weeks | 8 days |
| 6 months | up to almost 6 months | 8 days |
You serve the effective part like any driving ban: after notification by the public prosecutor (parquet), you hand in your licence at the court registry. See our article on serving a driving ban and handing in your licence.
What conditions must you meet?
Under the new Criminal Code, suspension is possible as long as the penalty does not exceed level 3. Offences under the Road Traffic Act fall within levels 1 to 3, so this limit rarely causes problems in practice.
The judge sets a probation period of at least one year and at most five years. That period starts running when the judgment becomes final.
The judge can also grant a probationary suspension (sursis probatoire). You must then comply with certain conditions during the probation period, such as attending a training course or following a support programme. One general condition always applies: not committing any new offences.
It remains a favour. You have no right to a suspension. The judge decides freely, taking into account the seriousness of the facts, your record and your personal situation.
When is suspension not possible?
- The alcohol interlock. It can never be imposed with a suspension. See our article on the alcohol interlock.
- Unfitness to drive. A ban based on Article 42 is not a penalty, but a safety measure. Suspension has no place there. See our article on unfitness to drive.
- The effective minimum. The eight days under Article 41 can never be suspended.
For a repeat offence, the law imposes a minimum driving ban of three, six or nine months. The law does not expressly exclude suspension for the part exceeding eight days. In practice, however, judges are reluctant in repeat cases, because the rules on repeat offending are precisely intended to be stricter. See our article on repeat offending.
What if you commit a new offence during the probation period?
If you commit a new offence during the probation period, the suspension can be revoked. You must then serve the suspended part of the driving ban after all, in addition to any penalty for the new offence.
Suspension granted before 1 September 2026
For a suspension granted under the old 1964 Act, a special rule applied in traffic matters. The suspension could be revoked if, during the probation period, you committed a new offence under the Road Traffic Act that led to a conviction. The Court of Cassation clarified this rule:
- The new offence must have been committed during the probation period. The conviction for that new offence can come later, even after the probation period has ended (Cass. 29 March 2022, P.22.0075.N).
- The public prosecutor must request the revocation, and the judge must rule on it, before the penalty itself becomes time-barred (same judgment).
- The competent court is the police court of the place where the new offence was committed (Cass. 7 May 2024, P.24.0524.N).
Suspension granted from 1 September 2026
The new Criminal Code has rewritten the rules on revocation. The case law will still have to clarify how they apply to traffic offences, for which mainly fines and driving bans are imposed. In any event, assume that a new traffic offence during the probation period puts your suspension at risk.
How do you ask for a suspended driving ban?
A suspension is rarely granted of the judge’s own accord. It is better to ask for it expressly, at the hearing or in written submissions. A good request includes:
- Your personal situation. Why is a long driving ban particularly hard on you? Think of a job for which you need to drive, shift work without public transport, or caring for a relative.
- Supporting documents. A certificate from your employer, your employment contract, your working hours or a statement on the distance to your workplace.
- Your record. A clean criminal record or a long history without traffic offences carries a lot of weight.
- Your attitude. Remorse, compensation for the damage or a training course followed voluntarily show that you take the facts seriously.
A suspension can also be combined with other tailor-made solutions. For example, you can ask the judge for the effective part to be served at weekends. See our article on the weekend driving ban and bans for certain vehicle categories. Note: a weekend driving ban is not possible if the judge imposes reinstatement exams (examens de réintégration).
Frequently asked questions
Can a driving ban be fully suspended?
No. Article 41 of the Road Traffic Act requires the judge to impose at least eight days of effective driving ban if they grant a suspension. The rest can be suspended, for a probation period of one to five years. An eight-day driving ban therefore cannot be suspended. If you ask for a suspension, ask at the same time how the effective part will be served, for example at weekends.
What does a two-month driving ban, one month of it suspended, mean?
You must actually serve one month: after notification by the public prosecutor, you hand in your licence at the court registry. You do not have to serve the second month, unless the suspension is revoked during the probation period, for example after a new offence. You must then serve that month after all, in addition to any new penalty.
How long is the probation period for a suspension?
The judge sets a probation period of at least one year and at most five years. It starts running when the judgment becomes final. During that period, you must not commit any new offences. With a probationary suspension, you must also comply with the specific conditions imposed by the judge, such as a training course or a support programme. Make a note of the end date of your probation period.
Can I get a suspension for the alcohol interlock?
No. The alcohol interlock can never be imposed with a suspension. In some cases, however, the judge can limit the vehicle categories concerned, giving express reasons. Anyone who does not want to have the alcohol interlock fitted can hand in their licence for the duration of the measure, which in practice amounts to a driving ban.
Will my suspension be revoked after a minor traffic offence?
An immediate payment (perception immédiate) or an out-of-court settlement (transaction pénale) is not a conviction and therefore does not, in itself, lead to revocation. The risk only arises if a new offence committed during the probation period leads to a conviction. Under the old regime, any conviction for an offence under the Road Traffic Act could be enough. If you receive a new summons (citation) during the probation period, always have the consequences for your suspension checked.
Have your case reviewed
Are you due to appear before the police court judge soon and want to ask for a suspended or weekend driving ban? We prepare your request, with the right supporting documents. Get in touch with us.
Law as at 30 September 2026. We update this article when the rules change.
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