Following the death of Warrant Officer Eric Comyn, some politicians are calling for harsher penalties for traffic violations, particularly those who refuse to comply.
It is a tragedy that has caused shock and shock. Eric Comyn, a 54-year-old police officer, was fatally hit on Monday evening by a motorist trying to escape a traffic stop at the exit of the A8 motorway, in Mougins (Alpes-Maritimes). A 39-year-old suspect was arrested a few hours later, and charged on Wednesday 28 August with “murder of a person in a position of public authority”, before being placed in custody, announced the Grasse prosecutor’s office.
The suspect, “in regular situation” and holder of a valid driving license, was already known for “numerous traffic offences and in particular refusals to comply”resigned Interior Minister Gérald Darmanin said on BFMTV the day after the tragedy. The prosecution said he had a total of 10 convictions on his criminal record for “traffic violations” (six in number), but also “attacks on people” (four in total). When he was arrested on the night of Monday to Tuesday, the man had a positive blood alcohol level.
Since the tragedy, several politicians have called for tougher measures against traffic offenders, particularly those who refuse to comply. The A Droite group of MPs, chaired by the controversial leader of the Republicans Eric Ciotti, announced on X that it was going to submit a bill “to toughen sanctions against refusals to comply”while the mayor of Mougins wishes to make “much stronger and more dissuasive sanctions.”
Traffic offences are tried by a criminal court. These mainly concern speeding (over 50 km/h), driving without a licence, under the influence of alcohol and/or drugs, and even manslaughter and unintentional injuries. They are punished by penalties proportional to the seriousness of the acts committed: it is the judge who determines the amount of the fine, the duration of the licence suspension and, where applicable, the prison sentence. As a general rule, an offence results in the removal of at least six points on the licence and fines range from 3,750 to 150,000 euros.
Concerning the refusal to comply, the penalties have been increased by the law of January 24, 2022, which provides for two years of imprisonment, a fine of 15,000 euros, and the suspension of the driving license, specifies article L233-1 of the Highway Code. If it is accompanied by endangering the lives of others, the penalties are aggravated: the reckless driver faces five years of imprisonment, a fine of 75,000 euros and the suspension of his license. These penalties can be doubled in the event of a repeat offense.
“The legislation is strict and gives the judge the means to act,” believes Michel Benezra. This lawyer specializing in road law also says he observes real firmness in the courts. For example, in the event of a repeat offence of driving under the influence of alcohol or drugs, “The cancellation of the permit is systematiche emphasizes, and this, regardless of the number of points on the license. This is a ‘minimum’ sentence, i.e. automatic”.
An observation shared by his colleague, Franck Cohen, also a specialist in road law. “I really feel that we are moving towards greater firmness, particularly when the accused has already received a warning from the judicial authority,” notes the lawyer. “However, magistrates must apply a principle of personalization of the sentence, by assessing the personal, professional and family situation of the defendant. They also look at their record and take into account the existence of previous offenses.”he explains to franceinfo.
Interviewed by France 3 Provence-Alpes Côte d’Azur, lawyer Olivier Grebille-Romand points out that road traffic offences are among those that are most frequently repeated.Alcohol, for example, is part of everyday life. Two positive tests in five years, and you are a repeat offender.“, he emphasizes.
To relieve the backlog in the courts, which are swamped with cases, particularly traffic offences, magistrates tend to direct defendants towards criminal alternatives, such as the appearance on prior admission of guilt (CRPC). Also called “plead-guilty”, it allows the defendant to be judged more quickly, “provided that he acknowledges the facts alleged”as explained by service-public.fr.
But this procedure does not apply to the most serious crimes, such as involuntary manslaughter, which are judged at a court hearing, for which ““There will systematically be prison sentences”assures Michel Benezra. Furthermore, “a magistrate will not hesitate to impose a prison sentence if there is a combination of offences making the acts committed become almost inevitable, reports Franck Cohen. For example, someone driving under the influence of alcohol, talking on the phone and speeding excessively can be detained, at least until the trial.”
But overall, for road traffic offences that do not fall into these categories, there are few incarcerations in France. “The prisons are full, for acts committed with intentionality on the part of the perpetrators: this is the case for robberies, rapes, murders. Justice says that it is in its interest to lock these people up.”observes Michel Benezra. Let us recall that the number of people incarcerated in the country continues to increase, and reached a new record on July 1, with 78,509 people incarcerated, according to figures from the Ministry of Justice.
Concerning the increase in refusals to comply, his colleague Franck Cohen, regularly contacted by the perpetrators of this type of act, recognizes that there is “a real problem”. “The repression has become tougher on certain offences, with points being lost on the licence. As a result, many drivers who fear having their licence suspended are prepared to take all the risks… Even if it means making their case worse by stupidly trying to escape a check,” points out Franck Cohen. Gérald Darmanin recalled on BFMTV that there was on average “25,000 refusals to comply per year”of which “5,000 directly affect police officers, gendarmes or citizens”.