For many people, losing their driving licence is the hardest consequence of a traffic offence. Without a licence, your job, your family life or your business can quickly run into trouble. Yet there are several kinds of “driving ban”, each with its own rules: the immediate withdrawal of your licence by the police or the public prosecutor, the driving ban imposed as a penalty by the police judge, and unfitness to drive.
If you know those rules, you can often limit the consequences.
What are you facing?
- An immediate withdrawal of your licence (retrait immédiat du permis) by the police or the public prosecutor’s office (parquet), for example after a serious speeding offence, driving under the influence or a serious accident.
- A driving ban (déchéance du droit de conduire) imposed by the police judge (juge de police), usually of eight days to five years, and in serious cases longer or even for life. In some cases it is compulsory: for repeat offences, for driving during a driving ban and for drivers who have held their category B licence for less than two years.
- Reinstatement tests (examens de réintégration): a theory or practical test, or a medical and psychological examination. You may only drive again once you have passed them.
- Unfitness to drive (inaptitude à la conduite): a driving ban that lasts until you prove that you are fit to drive again.
Driving during a driving ban or a licence withdrawal is punished very severely.
How we handle your case
The driving ban is often the most important issue at the hearing. Our lawyers check:
- whether a driving ban is actually possible or compulsory here. Does the offence fall within the law? Is the repeat-offence period correct? Had you really held your licence for less than two years?
- whether it can be shorter or different. The judge can limit the driving ban to weekends or to certain vehicles, or suspend part of it (sursis). You do have to ask for this specifically and back it up.
- whether reinstatement tests are needed. They extend the period without a licence and rule out a weekend ban.
- which documents can help. A certificate from your employer, your driving history or your caring responsibilities show why a certain form of driving ban is reasonable.
After the judgment, we also guide you through carrying it out: when the driving ban starts and where you hand in your licence.