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Showing posts with label Jean-Baptiste Iosca. Show all posts
Showing posts with label Jean-Baptiste Iosca. Show all posts

Friday, 16 October 2009

French motorcyclist fined for wearing contact lenses

All right the headline is a little misleading as will become clear. But in essence it's what happened.

Once again it's time to say "road users in France beware".

After the recent case of a motorist being fined (€22) for smoking behind the wheel of his car, comes the story of a motorcyclist being pulled over for not "having glasses about his person" - to put it in good "police speak".

It happened last Tuesday on the streets of the French capital as Jérôme, an engineer, set out on his motor scooter to an appointment at the dentist.

At one point on his journey he ran a traffic light as it turned amber to "avoid braking too suddenly". But as (bad) luck would have it a couple of police officers saw him and he was stopped.

Now, what would have been a standard infraction with a possible €22 fine quickly escalated to something a little more absurd as he was asked for his papers, which the 37-year-old duly handed over.

Jérôme you see is near-sighted and as such required by law to wear glasses, or at least have them somewhere in the vehicle when driving, although the language on his licence puts it in a more gobbledygook fashion than that.

At least that's how the officers on duty interpreted the law.

Well he wasn't wearing glasses, but he was wearing contact lenses, which you might be thinking would have conformed with the sense of what was actually written on his licence.

Er....think again.

Because he didn't have a supplementary pair of glasses with him, one of the police officers handed Jérôme a €90 fine and lopped three points from him for "driving a vehicle without respecting the restrictions mentioned on his licence."

What's more he also advised him to "read the highway code again."

And that's exactly what Jérôme did, but he couldn't find the exact text to which the officer was referring and has decided to contest the fine.

"I don't consider it to be justified," he said.

"I'm not a danger to society and besides without lenses I don't see anything."

He's not alone in thinking the officer overreacted and has of Jean-Baptiste Iosca, a lawyer specialising in the rules of the road and traffic contraventions.

"The law requiring all drivers to carry a pair of glasses in the glove compartment of the vehicle was repealed in 1997," he said.

"I dealt with a similar case in May this year and my client was not charged."

Um. Who should it be Jérôme rereading the highway code?

Thursday, 27 August 2009

Fined for smoking at the wheel

Motorists who smoke beware!

Think twice before lighting up when taking the wheel of a car - at least here in France.

Because if the police catch you with a ciggie in your mouth, you might just end up facing a fine.

Well at least it could happen if the case of Yoni Bismuth is anything to go by.

The 28-year-old Parisian locksmith enjoys the more-than-occasional puff even when on the road, and that's exactly what he was doing when police stopped him last weekend for having run a red light.

He was of course handed down a fine for his first offence, but then to his surprise - and shock - he received another one for smoking.

"I asked the policeman not to fine me, telling him that now that I knew it was an offence I wouldn't do it again," he said.

"But all he said is 'I'm not listening, a fine is a fine'."

And it was indeed - €22 worth, although Bismuth didn't lose any points.

Well that's one side of the story but of course, as is typical in such cases, the forces of law and order have a slightly different tale to tell as to the version of events.

First of all there was the contravention of having run a red light at an intersection while driving in a bus lane, according to Frédéric Cheyre of the police precinct in the capital's 19th arrondissement, and then there was that issue with the cigarette.

"What the officer on duty saw at the same time as the driver not stopping at the traffic lights was that he had a cigarette in one hand and a lighter in the other," he said.

So did that make him incapable of driving? And more importantly did the act of smoking (or even the intention to) constitute an offence under the law?

Well the highway code in France is a bit fuzzy on the issue, unlike that of using a mobile 'phone while driving, which has been an offence since 2003.

And as far as Jean-Baptiste Iosca, a lawyer specialising in road traffic offences, is concerned, the police overstepped the mark.

"It's strictly stupid, illegal and above all abusive," he said.

"And something absolutely must be done about it."

Bismuth intends to contest the fine, just as a nurse successfully did in the Gironde department of southwestern France in January this year.

"I don't find it normal," he said.

"Even with a cigarette in the hand, you can drive without any problem. Millions of people do it every day," he added.

"Today I've had a fine for smoking, next time perhaps it'll be because I haven't shaved properly."

Anyone got a light?
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