Driver’s license withdrawal reduced for professional need

ATA/747/1996Court of Justice / Administrative ChamberDec 10, 1996Modified

Extracted by Omnilex

Omnilex summary

The appeal concerned the length of a driver’s license withdrawal following an alcohol-related repeat offense. The court took account of the appellant’s special professional activity, namely frequent travel to Eastern European countries for work assignments, and reduced the withdrawal from 20 to 16 months.

Omnilex headnote

LCR art. 17 al. 1 let. d; driving licence withdrawal; professional necessity may justify a mitigation of the administrative measure. Where the offender’s occupation entails frequent cross-border travel for work, this circumstance may be taken into account in fixing the duration of the withdrawal, leading to a reduction of the measure when the seriousness of the traffic safety interest permits it.

Full text

Descripteurs

IVRESSE; RECIDIVE(INFRACTION); NECESSITE; PROFESSION; PERMIS DE CONDUIRE; RETRAIT DE PERMIS; LCR

Normes

LCR.17 al.1 litt.d

Résumé

Réduction de la mesure de retrait de permis de 20 à 16 mois, compte tenu du type particulier d'activité du recourant, soit de fréquents déplacements dans les pays de l'Est pour remplir certains mandats.

Keywords

driving licencewithdrawalrecidivismdrunken drivingprofessional necessityroad traffic law

Extracted by Omnilex

Key legal questions extracted by Omnilex

Key legal question

Whether the driver’s license withdrawal should be reduced in light of the appellant’s professional necessity.

Extracted holding

Yes. The withdrawal period was reduced from 20 months to 16 months because of the appellant’s particular occupational activity requiring frequent travel.

Extracted reasoning

The court accepted that the appellant’s work involved frequent trips to Eastern European countries to carry out assignments, which justified some mitigation of the administrative measure.

Driver’s license withdrawal reduced for professional needAI generated