jsbach

I've tried several times this morning to get her to fax the docs but she says she's snowed in & can't get to her neighbour's, who have a machine.

jsbach

Hi Garonne,
My friend still hasn't sent me the letters but, undeniably, there's been a huge amount of snow in her area, so it's reasonable that she's not been able to get to a fax machine or copier.
In a previous post, you say that her appointment at the Gendarmerie in a fortnight may well be for a Proces-Verbal. Could you speculate how long it might take after this before her case comes to court, please?
Thanks.

Garonne

You must ask her these two simple questions. What is the heading of the papers she has already received from the gendarmerie? What is stated on the papers as the reason to attend the Gendarmerie on 27th March?

My friend who was done for drink driving was hospitalised therefore it was a blood test. The first and only paper she was told to go to the Gendarmerie to sign for was headed "PARQUET DU PROCUEUR DE LA REPUBLIQUE" then underneath PROCES-VERBAL DE CONCOVATION EN DUE D'UNE COMPARUTION SUR RECONNAISSANCE PREALABE DE COLPABILITE". It then listed the charges and gave the time, date and adress of the Tribunal de Grande Instance. This was five months after the accident, then as I told you she was suspended from driving for 6 months and put on probation for 18 months with a one month suspended prison sentence.

My son's friend waited for 6 months for his court case which was a nightmare due to the severity of the charges and the whole family went through living hell awaiting t he court case. Another person I know was charged with the same offence and was up before the court 2 weeks later. Someone else waited 12 months for their court case for driving without a licence. There is just no way of knowing what her precise situation is until you ask her PRECISELY what the document is entitled which she has already signed and WHY she is going back on the 27th.

jsbach

Thanks for this, Garonne. I'm going to have to step back a little from this now, since I'm getting really stressed out with trying to get her to send me the letters, and the tiny fragments of info she gives each time I call. If she sends the letters, I'll put them on here.
She's at least agreed to phone the Assistante Sociale at the Mairie when it opens tomorrow (whether she'll actually do so is another matter). She's also agreed to talk to her partner's brother about the whole sorry affair, who I hope will support her. I think one of her UK family may go over this weekend, too.
Your latest post concurs with something she read to me yesterday, that she has to go to the "Tribunal de Grande Instance" at some point.
Once again, I'm very grateful to you and other contributors for your advice and support.

Peabrain

Hi,
I think that's a very wise decision. One cannot live someone else's life for them, even if they're Hell-bent on self-destruction. You've done more than most would have done and it's time others, whose duty it is, stepped up to the plate. This would appear to be the case, so, yes, take a well-deserved rest.
And well done once more for your unfailing support. One shudders to think what the outcome might already have been had you not been there.
PB

Garonne

Oh my word. I think I can speak for all of us that we have huge admiration for your support thus far. If she can read French she can easily tell you whether the convocation for the 27th March is actually at the Tribunal de Grande Instance or not or indeed whether she will be receiving the papers 'convocating' her to the Tribunal at the Gendarmerie on the 27th. She is in it up to her neck I'm afraid.

Garonne

She was over twice the legal limit, by the way.

jsbach

I had another conversation with her today which may well be my last with her on this subject. I've passed on the valuable information supplied by many BE contributors but am still faced with evasiveness when it comes to detail about the charges contained in the letters.
I'd not actually worked out that she was this far over the limit - do French judges differentiate between being slightly over and being significantly over in their sentencing?

Garonne

Yes, it was reduced in 1995 (I think) for breath tests from .5mg to .25mg

Quand on souffle dans un éthylotest, on évalue la concentration d’alcool dans l’air expiré. La limite de 0,5 gramme d’alcool par litre de sang correspond à 0,25 milligramme d’alcool par litre d’air expiré.

My friend who was done had 2.2g in blood so was four times over the limit. Yes, the sentence depends on how much over the limit she was. This is regulated by the law and the possible sentence is much less severe as someone further up the thread said for someone only slightly over (135 euro fine, etc). Someone only slightly over (between .5g and .8g by a blood test) would get 6 poiints off their licence and a possible suspension and fine which is set at 135 euros plus court fees but she was twice over. The list of possible convictions for her would be the over .8g blood, which she was by being more than that in the breath test conversion. Thus she could face 2 years in prison and a 4,500 euros fine. This could result, as I've already explained, in a huge fine, definitely 6 points off, definitely 6 months suspension and possibly a suspended prison sentence with 18 months probation. It's my opinion that she's very unlikely to get an immediate prison sentence (depending on whether she has any previous convictions she hasn't told you about .....)

You can run the following through Google translate to see the difference between the two cases of possible convictions. They are two separate 'breaches' of law. It isn't like in the UK where it's just one overall offence for being any amount over.

jsbach

I've received two photocopies today from my friend. I suspect the first is simply an acknowledgement that her car isn't to be driven. It's from the local gendarmerie. "Fiche d'immobilisation" is checked, which appears above "articles L.325-1 A L.325-13 ET R.325-1". The registration details of her car then follow.

The second letter is headed "Proces-Verbal de convocation du mis en cause en vue d'une procedure de composition penale" and is followed by various officals' names then
"Ce jour comparait devant nous
Madame X.X
que le terme de l'enquete la met en cause pour:
Natinf: 1247/DELIT"
followed by the detail
"concentration d'alcool par litre d'air expire d'au moins 0,40 milligramme (air expire) en l'espece: 0.57mg/l.
Faits prevus par: ART. L.234-1
Reprimes par: ART. L.234-1, 234-2, 224-12."
This is followed by the place (Tribunal de Grande Instance) and date of the hearing and a final para:
"Avons informe la prevenue que le present proces verbal, dont copie lui a ete remise, valait citation a sa personne et qu'elle pouvait se faire assister d'un avocat. Si ses ressources sont inuffisantes, elle peut demander au Batonnier de l'Ordre des avocats de lui designer un avocat d'office. Il lui appartient d'aviser l'avocat choisi ou designe le plus tot possible de la date d'audience."

Thanks to previous correspondence on here, I'm clear that she faces the higher of the two charges for being over the drink-drive limit but can see no reference to any of the other issues (no insurance, etc)
My French can get me through most of the last para but I'm unsure how she gets the legal aid to which it refers. Can anyone reassure her that, as long as she can prove she has no funds, she's not going to pay for an avocat. She has a small UK occupational pension. Finally, I think Garonne said earlier that an avocat is unlikely to be any use, since it's an open and shut case.

Peabrain

Hi,
Well done, you finally got it. As far as I can see, the composition pénale would appear to be a form of plea-bargaining, where the Procureur will reach an agreement with the accused, in order to avoid having to go through the courts. The accused has to accept the principal of such a proceedure and has to plead guilty.

L'amende de composition pénale

Le procureur de la République peut proposer le versement d' une amende au Trésor public dont le montant maximum ne peut excéder celui de l'amende encourue.

Son montant est fixé en fonction de la gravité des faits ainsi que des ressources et des charges de l'intéressé.

Le paiement peut être échelonné selon un échéancier fixé par le procureur de la République sur une période maximale d'1 an.

As you can see from the above, the fine will be set according to the financial situation of the accused, which would seem to be good news for your friend. No one else was involved, which is another factor in her favour. There may be other elements, such as community service and loss of licence. The resulting punishment will go down on her record, but I doubt that that has much importance, unless she is looking for a job.

I expect Garonne will be along soon with further information. If what I understand is right, then your friend is jolly lucky. Keep us posted.
PB

jsbach

Thanks for this, Peabrain.
I've looked through a number of sites which suggest you're correct - that a kind of plea bargaining is going to take place, where fines, community service, length of the loss of her licence, probation, road safety training, etc are looked at.
The info I've seen suggests a lawyer would be really useful and I've found a form to apply for legal aid. However, I can't find out the quickest way to get this all sorted (nor can I find a phone number to get to a lawyer). The hearing is next Weds, so my friend needs pretty urgent help.

Garonne

Oh dear

L325-1 to L325-13 unfortunately relate to driving a vehicle without insurance. So she is being charged for this as well as drink driving. R325-1 is notifying her of the vehicle being impounded. All the rest are for drink driving. Driving without insurance can incur a 3,750 fine plus 3 years in prison. As already mentioned drink driving can incur a fine of 4,500 euros and 2 years in prison. In my opinion at the very least, with all these charges, she'll get a suspended prison sentence and probation for 18 months, meaning she won't be able to leave France without permission from her probation officer's approval.

No, I can't assure her that she will not have to pay for an avocat d'office unless she applies for, and gets, full legal aid which if she doesn't have an avis d'impot and all the other official documents she will not be eligible.

Lorsque vous avez un avocat commis d’office, cela ne signifie pas nécessairement que vous n’aurez pas d’honoraires à lui régler. Les honoraires de l’avocat commis d’office seront pris en charge totalement ou partiellement si vous bénéficiez de l’aide juridictionnelle (totale ou partielle) ; si vous ne bénéficiez pas de l’aide juridictionnelle vous devrez régler les honoraires de l’avocat commis d’office.

Run it through Google translate. Frankly she's left it far too late to apply for legal aid to be considered before her hearing on the 27th so it's too risky to ask for an avocat d'office because if she doesn't get legal aid (of which I'm pretty certain) she'll then be in debt for their services.

For having no insurance and drink driving she has no defence anyway so it isn't worth her using an avocat. She is bilingual so she will just answer to the charges and that's that. The Procureur and the Juge will decide on her sentence.

Incidentally, please tell me she has a full, valid, passport?

Garonne

PS the "procedure de composition penale" means that the accused will agree to pay the fine in full and it's not going to be lenient I'm afraid. Our posts clashed. Personally I don't think a lawyer can help her at all. They say, at the most 3 to 5 minutes to try to plea bargain but this is in extenuating circumstances (such as my son's friend whose mother was raped causing him to go and find him) - driving without insurance and over twice the legal limit she has no defence, I'm afraid.

jsbach

Thanks very much, Garonne.
I wonder now if there's a second case waiting to be processed, or whether they've decided to charge her only with the most serious offence. I'm enclosing a scan of this document in the hope that it may point to one or other of the above possibilities.
I hope the scan's readable.
Her passport is valid.