The fine and the ancillary sanction are graduated, in each case, taking into account the circumstances under which the infraction was committed, any aggravating or attenuating circumstances legally provided for, the guilt and the economic situation of the offender, when known, and his background in relation to the enforcement of traffic laws and regulations.
In addition, the special duties of care that fall upon the driver are weighed in the decision, when the offence is committed in the course of driving, in particular when this individual drives rescue vehicles or emergency service vehicles, public transportation of children, rental cars for public transport, taxis, heavy vehicles for passengers or merchandise delivery, or for the transport of dangerous merchandise.​