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RECOVERING A DRIVER’S LICENSE There are several irregularities that can affect your relationship with the administration and enforcement forces and consequently, lead to the annulment, before the administrative courts, of the driver's license loss of points. DRIVER’S LICENSE : APPEAL AND RECOVERY Under the legislation in force (the Road Code), "the administration can not legally make a decision to remove the points assigned to a driver's license, following an offense whose facts have been established, unless the offender has previously been issued a document containing the information required by the regulations in force, which constitute an essential guarantee for him/her to challenge the established facts of the offense and to measure the consequences regarding the validity of his/her license. " The administrative courts hold that "it belongs to the administrative authority to prove, by any means, that the authority has satisfied this disclosure requirement." It is therefore assured that that when the administration fails to provide proof of meeting its obligations, the judge will annul the decision to withdraw points. Hence, the driver recovers his/her points. Point recovery, and sometimes, of dozens, often holds only by a threat (the default). Here are two recent examples. The administrative judge condemned, in the first case (State Council, 2008-II), the decision taken by the Minister of Interior to withdraw points. Even though, the driver had in fact committed a violation! However, the Minister having acknowledged its failure to provide proof of issuance of the required information on the findings of the infringement, it follows that the decision by which the latter withdrew a point from the driver’s license point capital as a result of this offense is illegal in that it relies on an irregular procedure. The driver recovered one capital point. In the second case reported (State Council, 2008-V), the driver recovered four points. In fact, the Council of State notes that, contrary to what the minister argues, the facts concerning the offense committed by the driver were established by the Magistarates Court, of which it was not upheld that the facts were definitive, does not allow to establish the fact that the deduction of points at issue had been preceded by the information required by law. Thus, "the decision of the Minister of the Interior ..., removing the four points from the second driver’s driving license following the violation he committed [...] must be regarded as the outcome of an improper procedure. " There are several irregularities that can affect your relationship with the administration and enforcement forces and consequently, lead to the annulment, before the administrative courts, of the driver's license loss of points. Mr. TALL Amadou, advises you, assists you and defends you before the government, the administrative court, the administrative court of appeal, the magistrate’s court, the criminal court, etc.. |
