The court ruled in favor of a motorist who challenged his ticket while driving during curfew. The latter had no certificate but a valid reason for travel.
The court invalidates the conviction
The announcement was reported in France Bleu Pays Basque on Tuesday, March 30, 2021. Justice ruled in favor of the Bayonne motorist who had been fined when he returned home without a certificate but with a legitimate reason for travel. The court therefore invalidated the verbalization and the fine of 135 euros.
The latter challenged in court the fine of 135 euros to which he had been the subject in December 2020 for non-compliance with health measures and in this case the curfew. He had just parked, when the police asked him for his derogatory travel certificate.. In the absence of the latter, the complainant proved that he had a valid reason for travel, in this case a professional meeting taking place after 6 p.m.
The legitimate reason for travel is sufficient
Thus, the court emphasizes that the absence of a certificate cannot be verbalized, if a legitimate reason for displacement can be advanced and proven. Maître Sébastien Binet, the motorist’s lawyer, reconsiders this decision: ” The object of verbalization is, quite simply, the fact of not having a compliant certificate, that is to say an official certificate, while what must be prohibited is the fact of not having a legitimate reason “.
Master Binet adds that the certificate is wrongly considered to be the only legitimate one: ” Any individual can justify by any means whatsoever the legitimacy of his exit. So, what must be sanctioned is the fact of not having a legitimate reason and not the fact of not having the derogatory certificate that is described as official in most media “.