Not every traffic offence is simply a fine to be paid. Some driving conduct rises to a misdemeanor carrying imprisonment, licence suspension and a criminal record — and the distinction shapes the entire defence.
Contents
1) Classifying Traffic Conduct
The Traffic Law and its executive regulations govern the rules of the road, and breaches of them are graded:
Infraction
The lighter category, usually settled by paying the prescribed fine without appearing before a court — parking offences and speeding within defined limits.
Traffic misdemeanor
The graver category, heard before a court and capable of carrying imprisonment and licence suspension — driving under the influence, or causing injury.
2) Serious Offences
- Driving under the influence of alcohol or a psychotropic substance.
- Reckless driving or speed endangering life.
- Leaving the scene of an accident and failing to render assistance.
- Driving without a licence, or with a suspended or expired one.
- Causing injury or death through breach of the traffic rules.
3) Licence Suspension and Impoundment
Two distinct measures with different bases and effects:
- Administrative suspension: by decision of the competent authority for a defined period; an administrative decision open to grievance.
- Judicial suspension: by court judgment as a supplementary penalty.
- Vehicle impoundment: a precautionary measure; release follows completion of procedures and payment of what is due.
4) Accidents and Liability
An accident generates three tracks that may run in parallel:
- Traffic track: apportioning fault in the traffic report.
- Criminal track: where the accident caused injury or death.
- Civil track: compensation for material and physical damage.
5) Challenging a Citation
- Administrative grievance: before the competent authority within the prescribed period, with supporting material.
- Objection before the court: for conduct heard judicially.
- Challenging the traffic report: by requesting re-inspection or appointment of an expert.
- Challenging the judgment: by appeal and then cassation, as the judgment allows.
6) Principal Defences
- The act is not attributable to the driver — for instance the vehicle was driven by another.
- Defects in detection, in the device, or in the particulars of the report.
- No causal link between the breach and the outcome in injury cases.
- The victim's own fault or an intervening external cause.
- Nullity of procedure, such as defective service or search.
- Disputing the apportionment of fault in the traffic report.
7) Insurance and Compensation
Compulsory insurance covers third-party liability within the limits set by the policy and the law. Certain situations, however, take the incident outside cover:
- Driving under the influence.
- Driving without a valid licence.
- Using the vehicle for a purpose other than that permitted.
8) Practical Guidance
After an accident
- Never leave the scene, whatever the circumstances.
- Photograph the scene before moving vehicles.
- Record witness details.
- Obtain a copy of the traffic report as soon as it issues.
On receiving a citation
- Check its characterisation: infraction or misdemeanor.
- Do not pay before assessing your position.
- Calculate the objection deadline precisely.
- Gather anything negating attribution to you.
