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What evidence do I need to bring to contest a traffic violation?

The case : MrH. was fined for speeding while working at the time of the violation. Will a certificate from his employer allow him to invalidate the fine?

The lawyer’s response: No, because to clear oneself of a traffic offence, the law requires evidence, written or oral. A certificate cannot therefore suffice, as the Court of Cassation reminded a doctor who, in order to invalidate two fines established for having run a red light and telephoned while driving, and this on the sole faith of the registration certificate, had produced a document from his departmental Samu service, mentioning that he was in office on the day of the events (criminal chamber, judgment no. 21-83.613 of November 23, 2021). In vain: for the judges, “the reports drawn up by the officers and agents of the judicial police (…) are authentic until proof to the contrary of the contraventions they find. Proof to the contrary can only be reported in writing or by witnesses”.

MrH. will therefore rather have to work to get his colleagues to testify, or to produce an email showing that he was on a date.


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