Enacted parts

ARTICLE 222-19-1
(Inserted by Act no. 2003-495 of 12 June 2003 art. 1 Official Journal of 13 June 2003)
When the clumsiness, rashness, inattention, negligence or breach of a statutory or regulatory duty of safety or
prudence provided for by article 221-6 is committed by the driver a motor vehicle, an unintended personal injury to
another person causing a total incapacity to work in excess of three months is punished by three years' imprisonment
and by a fine of €45,000.
The penalties are increased to five years' imprisonment and to a fine of €75,000 where:
1º the driver has deliberately violated an obligation of safety or prudence imposed by statute or Regulations other
than those outlined below;
2º the driver was manifestly drunk or in an alcoholic state characterised by a level of alcohol in the blood or breath
greater than the limits fixed by the legislative or statutory provisions of the Traffic Code, or where he refuses to take the
tests provided for by the Code and designed to establish the existence of an alcoholic state;
3º a blood test shows that the driver had used substances or plants classified as drugs, or where the driver refused
to take the tests provided for by the Traffic Code that are designed to establish whether he was driving under the
influence of drugs;
4º the driver does not hold a valid driving licence as required by law, or his licence has been annulled, invalidated,
suspended or revoked;
5º the driver has exceeded the maximum speed limit by 50 km/h or more;
6º the driver, knowing that he had caused or brought about an accident, did not stop and so tried to escape any
criminal or civil responsibility that he might incur.
The penalties are increased to seven years' imprisonment and to a fine of €100,000 where the unintended personal
injury is committed with two or more of the circumstances listed in 1º onwards of the present article.