Simple recklessness or a real violation of the highway code? This is the question which animated, this Tuesday, January 7, the criminal court of La Rochelle, called to judge a road tragedy which occurred on July 22, 2023.
In the early hours of this day, around 3:45 a.m., a vehicle was traveling on the RD 733, coming from Royan. The driver and his passenger must go to meet friends in La Gripperie-Saint-Symphorien but do not know the exact route. So when the passenger, scanning the GPS on his phone, suddenly indicates to turn left, the defendant does so in a hurry. Does he see the motorcycle coming in the opposite direction? Yes, especially since the passenger asks him about it. But the driver believes he has time to pass.
Opposite, on the motorcycle driving slightly above the 90 km/h limit, two friends in their thirties. Braking, over 14 meters, is not enough. The pilot and his passenger were killed instantly. He was the father of two children, she of a little girl. Two families broken in one second. “You get used to crying every day,” says the passenger’s father in court, his voice gone. “I would like to apologize to the victims, sorry,” the defendant said at the end of the hearing.
A prohibition sign
Recklessness is recognized by the 21-year-old driver. Deputy prosecutor Nicolas Petriat points out that she is not the only cause of this tragedy. According to him, the driver “intentionally” violated the highway code. A few meters before the intersection, a sign prohibiting left turns is visible on the side of the road. In fact, at this point, the line is continuous. Finally, his passenger's late indication forced him to avoid a median to make his turn. “He didn’t care about other road users,” concludes Nicolas Petriat.
If he highlights the absence of an entry in the defendant's record when requesting a suspended sentence, the public prosecutor supports it for a significant period. He is asking for two years and a cancellation of his driving license. “He didn’t see the sign,” replies Pauline Lamy, the defendant’s lawyer. For her part, she requests the “kindness” of the court for her client, “particularly tested” since the events.
The court followed the prosecution's requisitions and sentenced the defendant for manslaughter to two years in prison, the cancellation of his driving license and the inability to pass it for one year. He has not driven since the tragedy, even though he could have gotten his license back six months ago. “Not necessarily wanting to,” he admits with his head down.
