ATA/686/1996•One-month licence withdrawal for speeding upheld
ATA/686/1996Court of Justice / Administrative ChamberNov 19, 1996Confirmed
Extracted by Omnilex
The court confirmed a one-month driving licence withdrawal for a motorcyclist who exceeded the speed limit by 20 km/h. It emphasized the driver's antecedents: he had already been convicted twice for similar speeding offences in 1991 and 1996, which supported the administrative measure. The challenge was therefore rejected and the withdrawal upheld.
Art. 16 al. 2 LCR; licence withdrawal for speeding and recidivism: repeated traffic offences justify maintaining an administrative driving ban. In assessing the adequacy of the measure, prior similar convictions may be taken into account as aggravating antecedents, particularly where the new infringement is again a relevant speeding offence. The confirmation of a one-month withdrawal is compatible with the statutory framework when the driver has already been sanctioned twice for comparable excess-speed behaviour.
Descripteurs
CIRCULATION ROUTIERE; ANTECEDENT; VITESSE; EXCES DE VITESSE; MOTOCYCLETTE; LCR
Normes
LCR.16 al.2
Résumé
Confirmation d'un retrait de permis d'un mois pour excès de vitesse (20 km/h); l'auteur avait déjà été condamné à deux reprises pour des dépassements similaires (30 km/h en 1991 et 27 km/h en 1996).
Extracted by Omnilex
Whether the one-month driving licence withdrawal for speeding should be upheld in light of the driver's prior similar offences.
The one-month withdrawal was confirmed because the speeding offence, together with two earlier similar convictions, justified the measure under the road traffic rules.
The court relied on the seriousness of the repeated speeding behaviour and the driver's antecedents, which aggravated the administrative measure.
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