Driving offenses in France currently lack stringent penalties, with judges able to revoke licenses for up to five years in cases of DUI or injury. High-profile cases have sparked calls for a ‘road homicide offense,’ especially after lenient sentences for offenders. A proposed bill aimed to address aggravating factors but was stalled due to parliamentary dissolution. Victims’ families express frustration over the perceived inadequacy of current laws, urging for reforms to enhance justice for victims.
The Current State of Driving Offenses in France
In Belgium, a driving license can be permanently revoked following an accident that results in injury or death. The UK imposes similar measures for incidents involving drugs or alcohol, while Switzerland takes a tougher stance against repeat offenders. However, France has yet to establish such a law. This may soon change, as the Justice Minister, Didier Migaud, has indicated a desire to introduce a ‘road homicide offense’ after a high-profile case involving the death of Yannick Alléno’s son, in which the offender received a seven-year prison sentence and a five-year driving ban.
Challenges in the French Legal System
Currently, French legislation allows a judge or prefect to revoke a driving license for up to five years in cases of driving under the influence or causing bodily injury. However, in practice, these penalties often seem inadequate. For instance, Olivier Duron, who tragically lost his parents to a speeding driver in February 2019, noted that the driver was sentenced to only 18 months for double involuntary manslaughter, with his license revoked for just one year. Duron expressed frustration that the real impact of this sentence is minimal, as the driver could regain his license immediately upon release from prison.
This particular case involved a heavily intoxicated off-duty gendarme, who had a blood alcohol level nearly reaching coma levels. Duron articulated the sentiments of many victims’ families when he stated, “The response is insufficient for the victims.” This feeling of injustice is echoed by the family of an 83-year-old man who was killed in Saint-Malo by a driver with a previous fatality, highlighting the flaws in the current system that allows offenders to remain on the road.
Last year, a bill aiming to establish a road homicide offense was proposed in Parliament but was stalled due to the dissolution of the National Assembly. This bill sought to incorporate additional aggravating factors such as non-assistance to a person in danger, fatigue, distractions like phone usage, and the voluntary consumption of drugs. While it aimed to maintain the existing penalties—up to seven years in prison and fines of 100,000 euros for a single aggravating circumstance—the proposed legislation sought to better acknowledge the anger and injustice felt by victims and their families. The government hopes to revisit this important issue soon, possibly as early as December.