Moroccan Court Acquits Driver, Rejects WhatsApp-Based Traffic Report

The driver was arrested on November 3 by the Royal Gendarmerie elements of Ouarzazate who accused him of exceeding the authorized speed by 16 km/h. The driver refused to sign the report drawn up, on the grounds that the agent who had observed the offense was not the one who had written the report, which, according to him, is contrary to the Highway Code.

During his trial on December 16 before the Court of First Instance of Ouarzazate, the driver presented evidence: a video recording of his arrest. In this recording, a gendarme is heard stating that the offense was observed by a colleague located 7 kilometers from the control post, and that it was the latter who "transmitted the offense via the WhatsApp application."

In its verdict dated December 31, 2024, the court ruled that the offense report was contrary to Articles 24 of the Penal Code and 194 of the Highway Code, which stipulate that the observation and drafting of the report of an offense must be carried out by the same person. The court also notes that the use of mobile applications is not one of the means provided for by the Highway Code for the observation of offenses.

Consequently, the report is null and void, the court concluded, acquitting the driver and ordering the reimbursement of the fine he had paid to the court treasury.