Automobile. Why does the state have the right to resell your car if it is seized?

"Since a law of March 14, 2011, your vehicle can be confiscated for a traffic violation. Most of the time, we're talking about repeat offenses for driving under the influence of alcohol or drugs," explains Maître Le Dall. "In some cases, confiscation even becomes mandatory. To avoid it, the judge will have to decide."

What is vehicle confiscation?

"Vehicle confiscation is a very severe penalty. For the driver, it results in the outright loss of their vehicle. The driver is sentenced by the seizure of their vehicle and its sale to the state or its destruction. The car owner never sees their vehicle again, and does not benefit from the money from the sale. This penalty can therefore cost the driver several tens of thousands of euros if that is the value of their vehicle."

Who really owns the vehicle?

"It's often this very specific point of vehicle ownership that is a source of debate. One would be tempted to say that if the vehicle used at the time of the incident doesn't belong to the driver, confiscation will be impossible. It's much more complicated than that. We've already seen cases of motorists who registered their Porsche Cayenne in their grandmother's name. But while the registration document is an indication of ownership, it is not a title of ownership. If you maintain it, pay the insurance, and are the regular driver, it can be deduced that you are the true owner. The vehicle could be confiscated."

In case of co-ownership?

"There has been a change in the law on this point. Until now, having a registration document in the name of both Mr. and Mrs. did not prevent the confiscation of the vehicle. In the case of confiscation of the vehicle following an offense by Mr., the only way for Mrs. to be compensated was to divorce! Case law has evolved on "good faith ownership." Now, Mrs. will be able to argue in court in the event of confiscation of the household vehicle, for example. But let's be clear, having two names on the registration document will not prevent the State from confiscating your vehicle."

Is confiscation possible if the vehicle is purchased on credit?

"A recent case answers this question. The Court of Cassation has just ruled in a judgment of February 28, 2024, that this confiscation is also possible in the case of a vehicle for which the credit institution had implemented a security mechanism with retention of title in the event of non-payment of the loan. In concrete terms, even if the car still belongs to the bank, it can be seized and resold for the benefit of the State. This is what this specific case teaches us."

And the Court of Cassation has ruled?

"In this case, the driver of a Dacia Duster was sentenced by the criminal court and then the Court of Appeal to confiscation of his vehicle after driving under the influence of alcohol and despite a suspended driving license. The driver, who then turned to the Court of Cassation, argued that he was not the owner of the confiscated vehicle due to a retention of title clause agreed with the credit institution Somafi-Soguafi. The institution had granted him a loan of €17,930 to finance the vehicle. As the Court of Cassation stated, Owners of vehicles financed on credit with a retention of title mechanism should therefore not consider themselves immune from possible confiscation."