In accordance with the Highway Code, all hearings following a car accident take place in criminal courts. Therefore, the driver will appear before the local court, police court or criminal court, depending on the offense. The driver can possibly be sued before the administrative courts for an interim suspension.
A hearing before a criminal court
Drivers may have to deal with two types of hearing. Although the official ranking on the matter. However, some overcrowded jurisdictions have started organizing hearings dedicated to traffic offenses. Around the Muscadet hearings, all defendants will generally have to answer for crimes of drunk driving, refusal to comply, driving without a license, refusing to breathe or even driving following drug use.
Examination of the driver’s file
The bailiff calls the driver’s file according to the order of passage. He will then be invited to take a stand. The lawyer moves in front of the judge and stands next to his client. Therefore, the judge first checks his marital status. Two cases can therefore occur, the filing of a declaration of invalidity and the direct defense on the merits. After his hearing the driverthe floor will be given to the Prosecutor’s Office for the requisitions.
The word will be given to the lawyer for the argument. During this time, the lawyer will defend his case and will not hesitate to insist on all the elements that have been briefly seen by the court. The argument of the lawyer will vary depending on the case and the driver. Following the dispute, the judge asks the driver if he has anything to add to defend himself. At this point, he will argue without repeating everything that was said. It is usually best to add a few words. The lawyer will also indicate the meaning of the statements to be made for these last words.
During deliberation, the judge’s decision is in no way related to the requisitions. On the other hand, the judgment can make the decision directly after the driver’s last words. It can also pass resolutions following suspension of the hearing. Furthermore, the judge may possibly set a date for its deliberation. For a resolution passed during the day of the hearing, the driver does not leave the court without a “paper judgment”. Instead, the driver will be issued a criminal conviction statement. The deadline for the appeal starts from the day of the hearing.