Points permit: Yes is sufficient

The Council of State has just issued an opinion considering that the law in no way obliges the ticketing agent to inform the exact number of points likely to be withdrawn from the driver. The mention "yes" is therefore sufficient.

A number of drivers fined for an offense that could lead to a withdrawal of points are surprised that in view of the mention "number of points withdrawn" appearing on the notice of violation, the police officer was satisfied with ‘a "yes" or even a simple cross.

Indeed, according to the Highway Code, the author of an offense leading to a withdrawal of points must be informed that he incurs such a withdrawal of points if the reality of the offense is established. Does the mandatory information extend to the obligation to mention the number of points ?

The Council of State, the highest administrative court, has just put an end to the debate in an opinion of January 31, 2007: it considers that the law in no way obliges the enforcement officer to inform the exact number of points likely to be to be withdrawn from the driver. The mention "yes" is therefore sufficient.

It must be said that with the inflation of offenses that could lead to withdrawals of points, the police officers themselves no longer knew how many points could be withdrawn….

Me FARAJALLAH, lawyer at the Paris Bar

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