Road traffic law
Our expertise in road traffic law
In matters concerning road traffic law, the D’Angela Law Firm has acquired a strong expertise in helping clients to get their driving licence back, after they have lost it by a ministerial decision “48 SI” as a result of road traffic law violations.
We intervene mainly in the following cases.
1) Your driving licence has been cancelled :
a) Your driving licence has been cancelled by the criminal court :
You can appeal the tribunal decision within a period of ten days. Then, if the appeal court decision is still the same, you can lodge an appeal with the Court of Cassation.
b) Your driving licence has been cancelled by a ministerial decision “48 SI”, because you have no more point on your driving record :
Within a period of two months from receipt of the registered letter, you can appeal to the Administrative Tribunal against this decision.
You can lodge the following two appeals :
- Action for annulment : we will contest the legality of all points removed from your driving licence. If we win your case, you will again have the right to drive without having to retake a driving test. Indeed, after the decision “48 SI” has been annulled, we will demand that the Ministry of the Interior reassign on your driving licence all points illegally removed.
- Temporary suspension injunction : this urgent procedure allows you to continue driving throughout the examination of your action for annulment made by the Administrative Tribunal. If you need your driving licence to exercise your profession (truck driver, driver-delivery, artisan craftsman, sales representatives, taxi driver, ambulance driver, etc), a temporary suspension injunction is essential. Otherwise, you could lose your job. The court decision is known within about three weeks.
2) You had lost points :
Even if your driving licence has not been cancelled, you can contest the removal of points from your licence :
- by an action for annulment before the Administrative Tribunal : we will just contest the legality of the removal of points from your driving licence.
- by challenging before the criminal court the fact that road traffic law violations have been committed. This is only possible if you have still not paid the fine.
3) You had your driving licence suspended :
a) Your driving licence has been suspended by the criminal court :
You can appeal the court decision. Then, if the appeal court decision is still the same, you can lodge an appeal with the Court of Cassation.
b) Your driving licence has been suspended by a prefectural decision :
Within a period of two months from receipt of the registered letter, you can appeal to the Administrative Tribunal against this decision. You can lodge an action for annulment and a temporary suspension injunction if needed.
Why it is important to entrust our law firm with your case ?
1) Because of our great expertise :
To apply for the annulment or the suspension of a legal decision is a perilous exercise which not to be taken lightly. That is only by entrusting your case to a true expert that you will give yourself a chance of success.
Maître D’Angela is one of those experts. He has worked for more than four years as a legal officer in the Administrative Tribunal of Paris.
Indeed, this practical knowledge of administrative justice allows Maître D’Angela to have a deep and solid mastery of the administrative proceedings needed when you try to get your driving licence back by appealing to the Administrative Court.
Furthermore, Maître D’Angela has been studying closely the procedural flaws that could put the legality of the administrative decisions about your driving licence into question (cancellation, suspension or loss of points).
2) Because of our involvement and our absence of media coverage :
Professional involvement is one of the four major general principles that underlie the working method of D’Angela Law Firm.
- We will follow up your case from the beginning to the end. For example, when the decision “48 SI” has been cancelled, we demand that the Ministry of the Interior reassign on your driving licence all points illegally removed.
- We focus on your case and study it thoroughly because our priority is to get you back your driving licence. Unlike other law firms specialized in road traffic law, we do not seek media coverage at all costs.
3) Because of our geographical scope :
No matter where you live – in metropolitan France or Overseas – we can help you to defend your driving licence.
Cancellation of driving licences : frequently asked questions
1) My driving licence has been cancelled. Is it better to retake a driving test or to have recourse to a road traffic lawyer ?
To retake a driving test takes a lot of time and costs a lot of money. Moreover, when getting a new driving licence, you will be considered a novice driver for three years and your driving licence will be cancelled if you loose six points.
If you have recourse to a road traffic lawyer, in the event of a successful outcome, you will get your driving licence back (maximum of twelve penalty points) within a shorter time than if you have to retake a driving test. This is therefore a very significant advantage, especially if your job requires a driving licence.
2) I am a novice driver, my probationary licence has been cancelled. Is it also better to have recourse to a road traffic lawyer ?
Yes, a road traffic lawyer is equally useful for a novice driver.
Moreover, to retake a driving test is a significant financial burden for a young adult. If you have recourse to a road traffic lawyer, you may avoid retaking a driving test and bearing the related cost.
3) I committed the traffic violations I am charged with. What are my chances of success ?
Even if a traffic violation has been committed, the authorities would still have to adhere to certain rules, in order to remove points from your driving licence. In the event of non-compliance with them, the points may be illegally removed and have to be reassigned.
In practical terms, it should be known that many points are removed by the authorities without respect for the procedural guarantees protecting drivers.
After a detailed analysis of your case file, we will establish a strategy. Then, we will claim that procedural errors were made and will demand the cancellation of the illegally removal of points.