Withdrawal of a driver’s license is equivalent to a driving ban.
Within 8 days of the withdrawal (Saturdays, Sundays and public holidays are not included), you will be notified of a temporary driving ban order issued by the examining magistrate. This order conditions the withdrawal of the license.
On the basis of the examining magistrate’s order, you can ask for the provisional driving ban to be lifted. This request must be made in writing and filed with the clerk of the relevant court*, or sent by post. You’ll need to enclose various documents to support your need for a driver’s license.
*If you have received a summons to appear as an accused person, you may appear before the court to which you have been summoned.
If the application to lift the provisional driving ban is accepted, you will have to apply to the Société Nationale de Circulation Automobile (SNCA) for a new license. That said, the court may very well grant you a partial waiver of the driving ban, the example of business trips being the most common.
If the application for release is rejected, the provisional driving ban is extended, subject to appeal or a new application, until a decision on the merits is handed down by the competent criminal court.
Before the trial judge (magistrate’s court or police court), the offences with which you are charged are listed, and the court hands down a judgement which may include one or more driving bans. If a final driving ban has been imposed, the terms and conditions for enforcing the ban are determined by the Public Prosecutor’s Office and notified to the defendant by the police.
The judge may also exclude certain journeys from the ban, such as journeys made in the proven interest of the profession, journeys to and from the main residence and the second home, or any place considered to be habitual for family or professional reasons.
We recommend the assistance of a lawyer.
Our team will be happy to help you.
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