Road Safety excludes any cancellation of speeding in the event of a return to 90 km / h

While the 90 km / h limit could soon make a comeback in the departments that wish it, some specialized lawyers estimated that the speeding violations committed on these roads at 80 km / h would be canceled or reduced. Unfortunately, according to a formal denial of Road Safety, it will not be … Explanations.

Since the Prime Minister announced that the departments could on roads limited to 80 since July 1, 2018, some were hoping to see their speeding tickets canceled or reduced…

• MNC special file : 

"The return to 90 km / h, it is the application of the law which is more advantageous for the motorist to the detriment of the one which is less", explained in particular the lawyer Remy Josseaume at the microphone of France Info, estimating that "several hundred thousand procedures" could thus be canceled: "either the PV purely and simply canceled because the infraction no longer exists by the passage from 80 to 90 km / h, or a downgrading of certain infractions because they are no longer between 20 and 30 km / h but between 0 and 10 km / h ".

Unfortunately, if we are to believe the "formal denial" published today by Road Safety, it will not be: "Articles R. 413-14 and R. 413-14-1 of the Highway Code punish the fact of exceeding the maximum authorized speed, "recalls the body of the Ministry of the Interior. However, "these texts will not be repealed or amended: the constituent elements of the offense will remain the same as will the amount of the fine which depends on the extent of exceeding the authorized speed".

"The fact that the speed, which would be fixed here by an order of the President of the Departmental Council, can be increased, therefore has no impact. This was ruled by the Court of Cassation (Cass. Crim., January 18, 2006, appeal n ° 05-84.369) ", continues the DSR which" warns those who could be tempted, on the basis of this erroneous legal analysis, and pending a possible increase in the maximum speed authorized on the road where they were fined, not to pay their ticket in the hope of a cancellation – which will not intervene – of the offense "… 

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