2023-08-11 14:36:00
Getting a speeding ticket is never fun. But when it happens six months following said traffic violation, it is surprising. This is the misadventure currently experienced by several people who have been flashed in the province of Luxembourg.
Flashed in February, sanctioned in August
This may have happened to you before. Weeks or even months following being flashed at the wheel of your car, you receive a police report in your mailbox. This is the case, this week, of two drivers who were photographed by fixed speed cameras in Daverdisse and Paliseul five days apart, on February 15 and 20, 2023. That is six months ago!
“I received these two people in my office the same dayexplains Bruno Gysels, a lawyer specializing in road traffic law. These two people are in the same situation, with PVs written for speeding which were only sent on July 31. An indisputable date since it is registered on the PV. And then, this date of dispatch is theoretical since the drivers only received the paper on August 7 or 8, with a request for payment for the 10th. After six months of delay, it’s a shame! And if at the reopening of my office, I find myself with two scenarios, I fear that they are in reality much more numerous, especially since they are automatic radars. The phenomenon must be much more widespread.”
To the question of whether or not to pay following so much time between the offense and the receipt of the report, the lawyer’s answer is unequivocal. “Especially not ! he said. There is a rule that the report must be sent within 14 days following the offence, including weekends and public holidays. This is precisely the basic rule of a PV. I find it shameful to send these minutes knowing that we are violating this 14 day rule. If they forgot to send the fine on time, too bad for them. And if the police do not know this rule, they should change jobs. I repeat myself, it’s shameful to send a report so late.“
It should also be noted that this rule is valid regardless of the amount of the fine. Here, the amounts of the PV amount to 118 and 195 euros, but it is the 14-day rule that takes precedence.
“It’s up to you to challenge”
Another rule is in force during these 14 days during which the report must be sent. “During these few days, the license plate holder is the presumed driver of the vehiclecontinues Bruno Gysels. That is, when an offense is committed and the driver was not identified at the time of the finding, that offense is deemed to have been committed by the plate holder. After this time, the police can no longer claim that it was the holder who was driving. And this case must lead to a classification without further action.“
Unfortunately, some people pay this fine, not thinking regarding the current rules. However, a few years ago, others were waiting for the last moment. “It’s not easy for peoplecontinues the lawyer. For years, some did not pay and waited to be summoned to court. But today, you have to be very careful. It is the person himself who must challenge the report, possibly via a lawyer. Do not tell yourself that nothing should be done because not only will the amount increase, but on top of that, the fine can be deducted from your taxes. It’s up to you to demonstrate the problem.“
If Bruno Gysels has already seen a lot of different situations in his career, it seems that this six-month delay is a record.
No information to the Public Prosecutor’s Office
In the absence of staff during these school holidays, the Luxembourg Public Prosecutor’s Office might not answer our questions concerning these reports sent too late to drivers flashed several months ago.
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