A news item, a law. During Nicolas Sarkozy’s five-year term, several legislative measures emerged after dramatic events. Interior Minister Gérald Darmanin seems to be following in his mentor’s footsteps. The proof with the Palmade case. In the JDD, he spoke on Sunday for a withdrawal of the 12 points of the license in the event of driving under narcotics, but also alcohol.
Intentions that have raised many doubts, even criticism from associations and lawyers for road victims. “We are improvising. It is opportunistic short-termism to satisfy public opinion which was shocked by the accident caused by Pierre Palmade”, ignites Pierre Lagache, vice-president of the League against road violence. “The minister wants to transform a news item into a social fact by creating a legislative upheaval,” adds Rémy Josseaume, road law lawyer.
A shock measure to mark the spirits
Currently, driving under the use of narcotics is punishable by the loss of six points. Additional penalties may lead to license suspension for up to three years or license cancellation, with a maximum three-year ban on applying for a new licence. The loss of the permit is only automatic in the event of a repeat offence. In addition, the use of narcotics being considered a crime, the driver incurs a fine of 4,500 euros and up to two years in prison. If he is at the same time under the influence of alcohol, he risks a fine of 9,000 euros and up to three years in prison. And if he is responsible for a bodily accident (injuries), he risks up to seven years in prison and a fine of 100,000. In the event of a fatal accident, he faces up to ten years in prison and a fine of 150,000 euros.
Wanting to toughen penalties is a way of shaking awareness of the risks, because according to the latest figures from the National Interministerial Observatory for Road Safety (Onisr), 605 people were killed in 2021 in an accident involving a driver under the influence of narcotics. In the same year, 598 drunk drivers were involved in fatal accidents.
“No need to strengthen the law, it just has to be applied”
For Gérald Darmanin, the threat of an automatic license withdrawal could therefore have a deterrent effect on drivers who would be tempted to take the wheel after drinking or consuming narcotics. What also believes Anne Lavaud, general delegate of the Road Prevention association: “It is a completely appropriate measure. It would change the social perception of this type of behavior. And to insist on the fact that driving means making a decision every 5 seconds. A requirement incompatible with drugs and alcohol, which impair cognitive faculties. »
But other experts on the subject see it as an announcement effect. Like Pierre Lagache: “Penalties for driving under the influence of drugs or alcohol exist but are not often pronounced. There is no need to strengthen the law, it just needs to be applied,” he said. “The judge already has the ability to cancel the license of a road offender, comments Rémy Josseaume. Moreover, this measure would lead to replacing the judge with a technocratic regulatory power. And take away the possibility of individualizing the sanction. The penalty may, for example, Currently, be more or less severe depending on the type of drug consumed, the blood alcohol level observed, etc.
According to the lawyer, this measure would also have a perverse effect: “It would lead to an increase in the number of drivers without a licence. » In 2021, the Onisr estimated around 800,000 the number of people in France who took the wheel when they were not allowed. And this, despite the risk of hurting someone and having to pay all his life to compensate him.
Massively increase controls
If this systematic withdrawal of the license wanted by the minister does not create consensus, the road experts agree on the other hand on the urgency to multiply the controls. “They must be more massive and concentrated on the times of greatest risk, at night and on weekends,” says Anne Lavaud. Gérald Darmanin rightly promised on Sunday to increase checks from 800,000 last year to one million in 2023. Not enough for Pierre Lagache: “It would represent around twenty checks per day and per department, the impact is not significant enough “. Especially since some motorists use applications like Waze to report road checks. “The police must be posted more on the small roads where the waysers do not pass a lot and they must be more mobile”, insists Anne Lavaud.
Strengthening prevention is also considered essential. “You have to go to establishments and companies to talk about the dangers of drugs and drunk driving. Communication campaigns are just as essential,” says Anne Lavaud.