Two-month driving licence withdrawal confirmed after pedestrian collision

ATA/603/1995Court of Justice / Administrative ChamberOct 24, 1995Confirmed

Extracted by Omnilex

Omnilex summary

A driver struck a pedestrian on a pedestrian crossing. The competent authority maintained a two-month driving licence withdrawal, and the decision confirmed that sanction. The available record only indicates that the traffic infringement justified the withdrawal under Art. 16 LCR.

Omnilex headnote

Art. 16 LCR; withdrawal of driving licence following a collision with a pedestrian on a pedestrian crossing; a two-month withdrawal may be confirmed where the traffic violation is sufficiently serious and no grounds are shown to reduce or annul the measure.

Full text

Descripteurs

CIRCULATION ROUTIERE; PIETON; ACCIDENT; AA; ASSURANCE SOCIALE; LCR

Normes

LCR.16

Résumé

Retrait de 2 mois confirmé pour le conducteur qui heurte une piétonne sur un passage de sécurité.

Keywords

road trafficpedestrian crossingdriving licence withdrawalcollisionadministrative sanction

Extracted by Omnilex

Key legal question

Whether the two-month driving licence withdrawal was justified after the pedestrian-crossing collision.

Extracted holding

The two-month withdrawal was upheld.

Extracted reasoning

The conduct constituted a traffic-law violation serious enough to warrant a licence withdrawal under Art. 16 LCR; the sanction length was not shown to be excessive on the available record.

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