A 28 -year -old mason was tried before the Alès Criminal Court in Gard this Monday, April 28, for acts three days earlier in Bagard.
A traffic accident, which occurred in Bagard, invites itself at the helm of the Alès Criminal Court, this Monday, April 28. The car of a father, then accompanied by three children, is violently struck by the vehicle of a Masonry autoentrepreneur on April 25. The latter, 28 years old, is positive at the ethylotst and begins to get upset when the gendarmes want to check if he has swallowed narcotic products. And the tension still rises from a notch when a soldier refuses that he will allow his dog, a staff who have remained in the car, to take air. The author of the collision is opposed to the police, so much so that he is arrested. Unremated as he resists a gendarme. Outrages followed to the brigade, then to the hospital where he was taken for exams. This mason, judged in immediate appearance, is “Always wanting to take provocation”notes Vincent Edel, the president of the hearing.
The “shock” of a first incarceration
“I don’t know what happened to me”said the defendant, visibly uncomfortable in his box, recalling that he had drunk by celebrating an end of the site. “I think I let myself be overflowed by my emotions.” Already sentenced for drunkenness to the wheel, he has just spent his first nights in prison as part of his pre -trial detention and speaks of a “choc” : “I think confinement is not for me.”
-“I can’t trust him,” said prosecutor
Certainly, but the substitute Cindy Fernandez does not forget its judicial history. And, besides “serious behavior” Who caused the road accident, there is his attitude with the gendarmes. “So sir, we lose it! He says to himself: I’m going to worsen my case”she balances. “With regard to everything that was debated during this audience, I expected more contrition, more hindsight. I cannot trust him …” The prosecution requires 15 months’ imprisonment, including six suspended probationary, a maintenance in detention, and the abolition of his driving license with prohibition to iron it for a year. The representative of the public prosecutor once again motivates her request: “I have too much concern with regard to his behavior.”
“Maintaining detention is not appropriate,” said the defense
The driver’s lawyer, who does not have the same analysis of the instruction as Cindy Fernandez, begins a reflection on “Adapted sentence”. Me Vincent Paliès recalls that “The facts were immediately recognized for the first and later for the second, but fully regretted”. And if the representative of the public prosecutor has just said that she hesitated when she asked for a sentence, declares to her: “I do not hesitate to argue that maintaining detention is not appropriate.” The council goes so far as to invoke a mixed sentence, “With a very large setting, a very big follow -up”.
An electronic bracelet for the defendant
And it is heard. If the court follows the prosecution on the quantum of the penalty, it does not issue a maintenance in detention and arranges the firm part under the electronic bracelet on the hearing. In addition, the seat does not cancel the mason’s driver’s license, but forces it to equip its vehicle with an anti -starting with ethylotst.
