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Judicial suspension of driving licenses
Verified 28 mai 2020 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Judicial suspension of a driving license is a sanction imposed by a judge after certain offenses. It includes a ban on driving a vehicle for a period of 3 to 10 years for which the license is compulsory. It may follow an administrative suspension: in this case, it shall replace it while taking into account the duration already completed.
Nature of the offense | Offenses |
|---|---|
Alcohol or narcotics | Driving under the influence of alcohol |
Driving under the influence of drugs | |
Refusal to undergo checks on alcohol or drug use | |
Excess speed | Excess speed ⩾ 30 km/h and less than 50 km/h |
Speed exceeding 50 km/h | |
Use of a radar detector | |
Speed exceeding 50 km/h in recurrence | |
Traffic and parking | Circulation in prohibited direction |
Refusal of priority | |
Dangerous overflow | |
Non-compliance with stop at red light, stop or yield | |
Behavior | Driving while holding a phone |
Driving despite administrative or judicial suspension of driving license or retention of driving license | |
Unintentional harm to the life or integrity of a person | |
Refusal to comply | |
Leak offense | |
Lack of insurance |
You are summoned to a hearing at police court or correctional court (depending on the seriousness of the offense).
The decision to suspend your license is:
- or a principal penalty,
- or supplementary penalty (in addition to a fine for example),
- an alternative to a prison sentence.
You can ask the judge to be able to retain the right to drive, for example in view of your professional activity. The judge can agree to adjust your sentence (we are talking about white permit), except for the most serious offenses.
If the judge orders the suspension, the police (police or gendarmerie) will notify at the end of appeal period..
You give them your driving license unless you have already given it to the prefecture in case of administrative suspension prior.
You will receive a copy of the reference 7 form you will need to collect your license.
The maximum period of judicial suspension of the license shall be:
- 5 years in case of manslaughter or involuntary injury,
- 3 years in other cases.
These periods may be doubled, in particular in the event of a hit or run recurrence..
In the event of a decision to suspend the proceedings before the end of the administrative suspension, it replaces it automatically.
The two sanctions do not add up.
Example :
if the administrative suspension is 6 months and the judge suspends the license for 12 months, the driver's license can be recovered after 12 months.
Except as provided by the judge, the suspension will result in the suspension of all your licenses for the same period and under the same conditions.
If you drive while your license is suspended, you could be jailed for 2 years and €2,500 fine.
One supplementary penalty may also be pronounced. For example, confiscation of your vehicle or the prohibition of driving certain motor vehicles for which a license is not required.
The judicial suspension of your driving license is written in your criminal record..
In all cases, it is included in Bulletin No. 1, which contains all the convictions you have received.
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Suspension related to alcohol or drugs
At the end of the suspension, you must apply to the authority listed on the reference 7 form that was given to you when you returned your license.
You must pass a medical check..
You can only get your license back if the result is favorable.
The request is made online on the website of theCHILDREN..
You must attach the scanned or photographed version of the following documents:
- Digital ID Photo Code (Available) in an approved cabin or with an authorized photographer )
- ID
- Proof of domicile
- Medical Notice Form completed by the approved doctor or medical commission
- Decision to suspend driving licenses
Online application for a driving license in case of termination of validity
National Secured Securities Agency (NSA)
Accessible with your identifiers.
Suspension of 1 month or less
At the end of the suspension, you must apply to the authority listed on the reference 7 form that was given to you when you returned your license.
You get your license back from your prefecture.
In Paris:
Suspension greater than 1 month
At the end of the suspension, you must apply to the authority listed on the reference 7 form that was given to you when you returned your license.
You must pass a medical check..
You can only get your license back if the result is favorable.
The request is made online on the website of theCHILDREN..
You must attach the scanned or photographed version of the following documents:
- Digital ID Photo Code (Available) in an approved cabin or with an authorized photographer )
- ID
- Proof of domicile
- Medical Notice Form completed by the approved doctor or medical commission
- Decision to suspend driving licenses
Online application for a driving license in case of termination of validity
National Secured Securities Agency (NSA)
Accessible with your identifiers.
Once the judgment is rendered, you can appeal to the Court of Appeal within 10 days.
The deadline is short:
- from the judgment if you were present at the hearing,
- from notification of the judgment by a bailiff or by the police, if you were not present.
The appeal shall suspend the execution of the judgment, unless the court has ordered immediate execution.