“It's the way of doing things that is disturbing, and the way of cornering someone”: a lawyer's charge against the Alès prosecutor

Me Florence Mendez assurait la défense d’un chauffard à l’origine d’un accident, ce lundi 30 décembre. MIDI LIBRE – CHARLES LEDUC

Florence Mendez, this Monday, December 30, at the courthouse of the capital of the Cévennes, defended a reckless driver who, after a Christmas meal with colleagues, had caused a traffic accident, in the north of Gard, about two weeks before being heard by the police.

A traffic accident in Saint-Hilaire-de-Brethmas, which occurred on the evening of December 10 and during which two vehicles collided head-on at a roundabout, is being discussed at the Alès courthouse, this Monday, December 30. The accused, a 51-year-old Alès resident, a repeat offender of drunk driving, is being tried in immediate appearance and his lawyer, Florence Mendez, is immediately annoyed: “Concerning the medical certificate (of the other driver), it was done after the fact, at the request of the prosecutor, which is disturbing. I will plead…”

The other driver “is shocked. Legitimately. Validly.”

As Cécile Baessa, the presiding judge at the hearing, says, the facts are “rather very simple”. Shortly after the accident, the Vézénobres gendarmes discovered two wrecked vehicles, a suspect who was cooperating and visibly drunk, and a victim who said she was “spontaneously shocked”. Heard on December 26, the latter provided a medical certificate from her doctor stating that she had suffered major psychological trauma with anxiety since the accident, accompanied by eight days of total work stoppage (ITT). “Not on behalf of the prosecution, but because the victim was asked to seek advice!”, specifies Quentin Larroque, the deputy public prosecutor. “Yes, he is shocked. Legitimately. Validly.” But Mr. Mendez does not understand why we waited so long to hear from his client, who never stopped coming forward to explain himself. The defense attorney is adamant: “We wait fifteen days and we retain additional facts of aggravated involuntary injuries, because we asked the victim to go see the doctor. It's the way of proceeding that is disturbing, and the way of cornering someone…”

The reckless driver: “I was a danger, I don't deny it”

From his box, after spending the weekend in pretrial detention, the fifty-year-old explains that he had, that day, “Christmas dinner with (his) colleagues. Like a fool, I drank.”Then, as his son did not answer the phone to come and get him, he, who is nevertheless treating his alcoholism, took the wheel to go home. “That evening, I did anything. I was a danger, I do not deny it.”

“A small miracle”, according to the public prosecutor

Quentin Larroque speaks of “a small miracle if, on the other hand, the after-effects are minimal and essentially psychological”, while emphasizing “the seriousness of the actions” of this Alésien. But the latter, over the years, “has evolved for the better”, assures his counsel. She fears that prison will ruin all the work done so far if he goes back to prison and requests an ab initio arrangement, in an open environment.

The magistrates of the seat follow the prosecution's indictment

The court is against it, and follows the prosecution's indictment. The reckless driver is sentenced, in particular, to 18 months of imprisonment accompanied by continued detention.

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