By Jean-Claude Bonnemere
Published on
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On Friday March 4, M., 27, appeared before the Cahors Criminal Court as part of the so-called “immediate appearance” procedure (a rapid procedure which allows the prosecutor to have a person tried immediately after being taken into police custody).
Six days earlier, M. was arrested by the gendarmerie services for:
– driving under the influence of narcotics, in a state of recidivism (convicted by the correctional court of Cahors in October 2019),
– driving without a valid driver’s license, in a state of recidivism (his driver’s license was canceled in October 2019),
– driving a vehicle without insurance, in a state of recidivism (conviction for lack of insurance by the court of Limoges in May 2017),
– lack of gray card in his name,
– lack of technical control.
Arrested at the wheel of an Audi A4, the gendarmerie soldiers find that M.’s driving license has been canceled and that the vehicle is not insured. They screened for narcotics and noted that M was positive for cannabis. Finally, the gray card, the technical control are not in order…
At the hearing M. adopts a low profile. He acknowledges all the offenses that have been brought against him, which had not been the case, it seems, during his arrest, during which he implied that whatever the case, “He would do it that way”. M. receives €490 per month from RSA. He would be a wood turner, but has no job… He campaigned against the airport project at Notre-Dame-des-Landes and against the dam project at Sivens!
“Recreational” cannabis use
M. explains that he had smoked two or three days before coming face to face with the gendarmes. The president tries to make him measure the seriousness of his act by reminding him that narcotics reduce reflexes and make driving dangerous for others and for oneself. Defendant’s response:
– “I am aware of the seriousness of the charges and the illegality of my behavior ! » Then, the young man provides some elements on his personality:
– “I come from the suburbs, I grew up in the middle of drugs, I went through phases of addiction, but I almost stopped narcotics, I only use cannabis although I know that I am potentially dangerous, but I’m ready for treatment ! » He explains the situation in which he finds himself today:
– “Now my stability is unequaled compared to what I have known so far. I bought a house in Bouriane, which I’m fixing up. There is electricity, but at the moment I don’t have water ! ». The president asks the defendant why he did not choose to completely stop his cannabis use; M’s response:
– “My consumption is only recreational, it saves me from consuming anti-depressantss or other drugs, to end up like a vegetable… I don’t drive after smoking”.
According to the criminal record, M. was imprisoned from January to March 2021. “And there you reoffend ! » exclaims the president.
– “I was in the process of repairing the vehicle, to submit it to the technical control” continues M. But the president does not budge, evoking serious, even fatal accidents, where it appeared that the driver of the vehicle was evolving under the influence of narcotics. M is being monitored by an occupational therapist. He has seven criminal records, including one related to his activism mentioned above. His family assures that M has a good background, they want him to get out of it and get away from bad company…
“You are doing everything backwards! »
Alexandre Rossi, public prosecutor, does not beat around the bush and describes the defendant as “drug addict and multi-recidivist road offender”. In his eyes, the facts are established and recognized. The prosecutor castigates the change in tone of M between his first statements to the investigators and his remarks in court. He notes that M. prided himself on consuming up to 20 joints a day. Mr. Rossi regrets the lack of sincerity of the defendant and his “smoky explanations”… He considers that the consumption of joints would have largely covered the costs inherent in the driving license. As for the isolation, put forward by the defendant, the prosecutor exclaims: “The Lot is not the moon! » And he continues to dismantle M’s case, piece by piece. He blames it on health and does not believe in “I have to take care of myself”, for lack, according to him, of a basic awareness. Finally, he regrets that the prison shock of last year did not cause the expected shock. “You are doing everything backwards! » he is indignant. Mr. Rossi then recalls the role of justice: sanctioning deviant behavior and protecting society. After seven convictions, he appeals for severity and requires: 18 months in prison, including 9 with probationary suspension for 2 years, with obligation of care, work, confiscation of the vehicle, two fines of 75 € for the lack of gray card and technical control. He is asking for immediate detention.
Difficult for Me Anaïs Pronzac to shed light on her client. The lawyer evokes this consumption of narcotics which led M. into a downward spiral. She then returns to the precarious situation of her client, “someone addicted to narcotics”, in which he sank with young people of his age, hence his difficulties in regaining a foothold in society. M. lived on the streets for a time, before coming to the Lot where he planned to lead a quiet life far from his old demons. However, things did not go as hoped, a precarious salary, debts… Me Pronzac agrees that her client needs to be supervised, but she considers that a suspended sentence would be better suited than an imprisonment. She recommends a probationary reprieve, which is like a sword of Damocles, imposing compliance with strict obligations, in terms of care in particular. She appeals to the leniency of the court to pull M out of the margins and help him put an end to his consumption of narcotics at the origin of all his ills.
The court followed the prosecution’s requisitions but reduced the prison sentence to 12 months, 6 of which were suspended on probation for 2 years and the fines to €50 each. M. was taken to the Montauban prison.
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