You have 30 days to contest the statement of offence. It is important to note that making a payment is equivalent to entering a guilty plea. Such a guilty plea entails consequences, such as the entry of demerit points in the driving record, depending on the offence.

Demerit points are added to the driving record when the person is convicted of an offence. When the maximum points threshold is reached, or exceeds the maximum points threshold, the license is revoked, or the right to obtain one is suspended.

Careful!

– The accumulation of demerit points on the driving record leads to an increase in the price of the driving license upon renewal.

– The demerit points entered on the driving record influence the price of car insurance.

– Demerit points remain on the driving record for a period of 2 years.

– Employers of delivery man, taxi driver, uber, truck etc. may take into consideration the demerit points entered in the driving record.

– If the offense is one of excessive speeding (GEV), there is an entry in the driving record for a period of 10 years. The consequences are important in the event of a recurrence.

The police officer will be present at the trial if the prosecutor decides that it is necessary for him to be questioned before the judge.

The police officer is not required to be present during the trial when the prosecutor decides that the statement of offense and/or the offense report are sufficient. The statement of offense and/or the offense report issued by the police officer have the same value as the testimony of the latter in court.

If the presence of the police officer seems essential to you to properly defend yourself, you can request his presence in order to cross-examine him. In this case, you will have to require his presence in advance, making a prior request to the prosecutor.

Careful!

If you have no concrete reasons to require the presence of the police officer in Court, or if the judge determines that the statement (or the report) is sufficient, and that his presence in Court was not necessary, you could be ordered to pay additional costs.

Results cannot be guaranteed. In legal matters, several factors influence the outcome of the legal proceedings undertaken, in particular because each situation is unique.

When a defendant has been found guilty by default, and he has not been able to present his defense for a serious reason, it is possible for him to present a request to the judge in order to restore the parties to the state in which they were. before the investigation (articles 250 of the Code of Penal Procedure).

The motion for revocation of judgment is generally a written procedure, which must first be filed at the court office within 15 days of knowledge of the judgment by default. It is then presentable before a judge having jurisdiction in the judicial district where the judgment was rendered.

Careful!

Attempting to justify the failure to appear at the trial by claiming to be the victim of confusion is not considered a serious reason for the court.

However, the fact of not having been informed of the issuance of a statement of offense, or of not having received a notice of hearing are serious reasons for not having presented a defense during the hearing. .

The same is true if you were properly summoned to your trial, exercised due diligence in this situation, but special circumstances prevented you from defending yourself in a timely manner.

The motion for revocation of judgment does not suspend execution unless the judge orders it at the request of the defendant (article 255 of the Code of Penal Procedure). It is possible that the default judgment rendered may result in the suspension of your driver’s license because you have reached or exceeded the maximum threshold of demerit points applicable to your category of driver’s license.

If you are in this situation, and you are able to demonstrate that the default judgment causes you harm, you can ask the judge to stay the execution of the judgment. When the application is granted by the judge, the effects of the judgment rendered against you are suspended, and the demerit points are not entered in your driving record. You can therefore continue to drive your vehicle until you have the opportunity to present your motion for revocation of judgment before the judge.