A 46-year-old Portuguese national with a condition of inadmissibility was sentenced to 15 months in prison at the court in Auch on Tuesday 4 October.
It is a story of a driving man who drives free, as the court of Auch often sees. Except that it concerns a person who has been banned from setting foot on French soil since August. In front of the president of the session, José * largely assumes his actions, as he did immediately during his final arrest, last Saturday in Fourcès.
That day, a member of the gendarmerie noticed the absence of a front number plate on a C4 Picasso parked in a car park. Checking the car, the gendarme notices the suspicious attitude of José, who moves away from his vehicle. Arrested, the latter tested positive for alcohol with an amount of 0.8 g per liters of blood. He reveals to the soldier that he has neither a driver’s license nor insurance and that he is subject to a traffic ban on French territory.
“Descent into Hell”
This dramatic situation is the result of a long “descent into hell”, to use the terms used by his lawyer, Mrs.e Lagaillard. José arrived in France in 2010, victim of a stroke in 2015, and then went through a painful divorce. Since then, he no longer sees his two children (now adults), who blame him for his addiction to alcohol. An addiction that he also finds difficult to recognize at the helm: “I only drink at the weekend, during the week I work”, thus assures the one who came to settle in Gers in 2019 to practice his profession as an agricultural worker . This will not be enough to convince the session president Laëtitia Ducourtieux, who reminds him of his five mentions in the criminal record, including three for traffic offenses related to drunken driving.
Worse, previous convictions seem to have had no effect on José’s behavior. Neither does the placement under an electronic bracelet last June, which does not prevent him from resuming the wheel the next day, earning him 10 months in prison. Nor the ban on movement on French territory, which he will violate the day after his return to Lisbon. “What are we going to do with you?” asks the session chairman. To this question, Deputy Public Prosecutor Julie Vigier answers firmly: “detention, in a very strict and very strong way”, she says, before asking for 18 months in prison without parole, the lifting of the simple suspension of three months and a ban. on French territory for 3 years (legal maximum). The sentence is unlikely to be lenient.
For his many offenses, José was finally sentenced to 15 months in prison, with continued detention and revocation of the simple 3-month suspended sentence. He is also inadmissible for 3 years and must pay a fine of 150 euros for his missing number plate.