Contesting a fine notice

Contesting a fine notice - when is it worth appealing?

Have you received a fine notice and are wondering whether it is worth appealing? The good news is that many fine notices are contestable. Measurement errors, procedural errors or faulty signage - the reasons for a successful appeal are more varied than most people suspect. As Specialist lawyer for traffic law Martin Reichelt will check your fine notice and give you an honest assessment of your chances of success.

Before you accept and pay a fine, you should consider the possibility of lodging an objection. This is because by paying, you not only accept the fine, but also possible points in Flensburg and a possible driving ban - consequences that could possibly have been avoided.

The 14-day deadline: act quickly

The most important information right at the beginning: You can appeal against a fine within 14 days after delivery lodge an objection. This deadline is mandatory and cannot be extended. If the objection is not lodged with the competent fining authority within the deadline, the decision becomes legally binding.

When does the period begin?

The 14-day period begins with the delivery of the fine notice. In the case of service by postal delivery certificate, this is the day on which the postman drops the notice in your letterbox. In the case of delivery by registered mail, this is the day of delivery. If the notice is sent as a simple letter, a fictitious delivery applies: the notice is deemed to have been delivered three days after being posted.

What to do when the deadline has almost expired?

Even if there are only one or two days left until the deadline expires, we can still act. An informal objection by fax to the fining authority is initially sufficient to meet the deadline. The detailed reasons can be submitted later. So contact us even if the deadline is tight - we will respond quickly.

Frequent mistakes by the authorities

Fining notices are by no means always correct. In practice, errors are regularly found that make the decision contestable. As a specialist lawyer for traffic law, we know the typical weak points and know what to look out for during the review.

Measurement errors in speed measurements

Speed measurements are technically complex and prone to error. The most common measurement errors concern

• Missing or expired calibration: Every measuring device must be calibrated regularly. If the calibration period has expired, the measurement results cannot be utilised.
• Incorrect installation of the measuring device: Mobile measuring devices must be set up in accordance with the operating instructions. Errors in positioning, the measuring angle or the distance to the carriageway can invalidate the measurement.
• Assignment error: Particularly in the case of multi-lane traffic, it can happen that the measurement is assigned to the wrong vehicle. We check the measurement data and the photo evidence for correct attribution.
• Software error: Some types of measuring device are known to have software errors that can lead to incorrect measurement results. Case law has already repeatedly declared measurement procedures to be unusable due to such errors.
• Insufficient documentation: The measurement must be fully documented - measurement report, calibration certificate, training certificate for the operating personnel. If one of these documents is missing, the usability of the measurement may be called into question.

Procedural error

In addition to technical measurement errors, procedural errors can also cause the fine to be cancelled:

• Statute of limitations: Road traffic offences generally become time-barred after three months if no notice is issued or the limitation period is interrupted during this time. We check whether the authority has complied with the limitation periods.
• Missing hearing: Before a fine is issued, the person concerned must be heard. If the hearing is missing or incorrect, the decision can be contested.
• Incorrect delivery: Proper service is a prerequisite for the validity of the fine notice. Errors in service can result in the objection period not starting to run.
• Incorrect legal instruction: The fine notice must contain correct legal information. If it is missing or incorrect, the objection period is extended to one year.
• Wrong crime scene: The fine notice must specify the location of the offence with sufficient precision. Inaccurate or false information about the location of the offence can make the notice contestable.

Incorrect signage

A speed limit or a ban on overtaking only applies if the signage complies with the regulations and is recognisable to the road user. Typical problems:

• Covered or overgrown traffic signs
• Missing repeat signs after crossroads or junctions
• Contradictory signage at the same location
• Improperly installed mobile traffic signs (e.g. at roadworks)
• Missing cancellation signs that lead to confusion

As part of the file inspection, we check whether the signage at the scene of the offence complied with the regulations. If there are any doubts, we can arrange an on-site visit or request photographic documentation.

Driver detection

A fine is issued against the driver, not the vehicle owner. If the authorities cannot prove beyond doubt who was driving at the time of the offence, the notice must be cancelled. In many cases, the photo evidence is too blurred to clearly identify the driver. As the owner, you are not obliged to name the driver - however, the authorities can impose a logbook requirement in this case.

Course of the objection procedure

If you decide to lodge an appeal against a fine notice, the procedure is usually as follows:

1. lodge an objection

After reviewing the fine notice, we will lodge an objection with the competent fining authority within the deadline. The objection must be made in writing and received by the authority within the 14-day period. A statement of reasons is not yet required at this stage, but can already be attached.

2. request access to the file

Immediately after lodging an objection, we request access to the file at the fining authority. The file contains all documents relevant to the proceedings: measurement logs, calibration certificates, evidence photos, training certificates of the measuring personnel, video recordings if applicable and the entire course of proceedings. These documents form the basis for our further defence strategy.

3. examination and justification

After receiving the file, we check all documents for formal and substantive errors. If necessary, we will commission an expert to review the measurement. On the basis of our analysis, we prepare a well-founded statement of grounds for objection and recommend the next steps.

4. interim proceedings

The fining authority examines the objection and can cancel or amend the decision or pass it on to the public prosecutor's office. The public prosecutor's office then decides whether the proceedings should be discontinued or whether the case should go to trial at the local court. In many cases, the proceedings are already discontinued at this stage - especially if we can prove substantial errors.

5. main hearing before the local court

If the case goes to trial, we will represent you before the competent district court. At the hearing, we can present evidence, question witnesses and question the traffic officer. The court examines the facts of the case independently and is not bound by the findings of the fining authority. Possible outcomes are acquittal, discontinuation of the proceedings, reduction of the fine or confirmation of the fine.

6. appeal on points of law

An appeal against the judgement of the local court can be lodged with the Higher Regional Court under certain conditions. This is possible in particular for legal issues of fundamental importance or for a fine of more than 250 euros. We will advise you whether an appeal on points of law is sensible and promising in your case.

Costs of an appeal against the fine notice

The question of costs is crucial for many of those affected. Here is an overview of the typical costs:

Legal fees

The lawyer's fees are based on the German Lawyers' Fees Act (RVG) and the value of the proceedings. In simple fine proceedings with a fine of 200 euros, for example, the lawyer's fees are typically between 300 and 500 euros. In the case of higher fines or an imminent driving ban, the value in dispute increases and with it the fees.

Court costs

If there is a main hearing before the local court, additional court costs are incurred. These are moderate compared to the lawyer's fees and are in the range of 50 to 200 euros for simple fine proceedings.

Expert costs

If an expert report is required to check the measurement, additional costs will be incurred. A metrological expert opinion usually costs between 500 and 1,500 euros. However, these costs are only incurred if an expert opinion is actually necessary and promising.

With traffic legal protection insurance

If you have traffic legal protection insurance, this usually covers all costs - legal fees, court costs and expert costs. We obtain the cover note directly from your insurance company so that you do not have to worry about the costs being covered. If you have legal expenses insurance, an appeal through a specialist lawyer for traffic law is practically free of charge for you.

When is an appeal financially worthwhile?

Even without legal expenses insurance, an appeal can be financially worthwhile - especially if, in addition to the fine, you are also threatened with points in Flensburg or a driving ban. A driving ban of one month can be life-threatening for professional drivers and causes economic damage that goes far beyond the lawyer's fees.

Limitation period for fines

The statute of limitations plays an important role in fine proceedings. Road traffic offences generally become time-barred after three months. However, this period can be interrupted by various measures taken by the authorities:

• Initial questioning of the person concerned or ordering the questioning
• Announcement that an investigation has been initiated
• Commissioning of an expert by the authority
• Issuance of the fine notice
• Receipt of the files by the public prosecutor's office or the court

The limitation period is six months after the fine has been issued. If the notice is not served within this period, the offence becomes time-barred. In practice, the statute of limitations may apply if the authorities take a long time to investigate the driver or if procedural errors lead to delays.

Access to files - your right to information

The right to inspect files is one of the most important rights of defence in fine proceedings. Only by inspecting the file can we judge whether the measurement was correct and the decision is justified. The file contains, among other things

• The measurement protocol with all technical details of the measurement
• The calibration certificate of the measuring device used
• The operating instructions and certificate of conformity of the measuring device
• Training certificates of the measuring personnel
• Evidence photos and video recordings if necessary
• The complete measurement film (for certain measurement methods)
• Statistics files and raw measurement data

Modern measurement methods such as PoliScan Speed, TraffiStar S350 or Leivtec XV3 store extensive raw measurement data that can be analysed by an expert. The release of this data is required by current case law of the Federal Constitutional Court and is an important means of defence.

Frequently asked questions about disputing a fine notice

Is it worth appealing against the fine notice?

That depends on the individual case. As a general rule, the higher the consequences (points, driving ban), the more worthwhile an appeal is. However, an appeal can also make sense in the case of pure fines if the measurement was incorrect. We will give you an honest assessment after inspecting the file - if an appeal has little chance of success, we will tell you that too.

Can I lodge the objection myself?

Yes, in principle you can lodge an objection without a lawyer. A simple letter to the fining authority with the content „I object to the fine notice of [date]“ is formally sufficient. However, it is advisable to hire a specialist lawyer for traffic law to check the content of the measurement and provide a well-founded defence.

What happens if my appeal is rejected?

If the objection is not dropped by the fining authority or public prosecutor's office, the main hearing takes place before the local court. The court will examine the facts of the case independently. You can withdraw the objection at any time up to the start of the main hearing. Once the hearing has started, you can only withdraw your objection with the consent of the public prosecutor's office.

Do I have to pay the fine during the appeal proceedings?

No. The appeal suspends the legal force of the fine. You only have to pay the fine when the decision becomes legally binding - i.e. after the objection procedure has been completed, if your objection was not successful.

Is the driving ban suspended during the appeal?

Yes, an ordered driving ban will not be enforced as long as the objection proceedings are ongoing. The driving ban only becomes effective when the decision or judgement becomes legally binding. In some cases, the statute of limitations expires before a trial takes place - another advantage of the objection.

How long does an objection procedure take?

The duration varies depending on the court and the workload. It usually takes three to six months from the lodging of the objection to the main hearing, sometimes even longer. If the proceedings have already been discontinued by the authorities or public prosecutor's office, it can be much quicker - sometimes within a few weeks of the appeal being lodged.

Can the fine be increased by the appeal?

In principle, yes - in appeal proceedings, the court is not bound by the original fine notice and can theoretically also impose a higher fine (the ban on reformatio in peius does not apply in fine proceedings). In practice, however, this happens extremely rarely. We advise you on this risk and only recommend an appeal if the chances of success clearly outweigh the risk.

Can I lodge an objection if I have committed the offence?

Yes, even if you have actually committed the offence, an objection can be useful. The authorities must prove the offence - and they can only do so if the measurement and the procedure are free of errors. Technical and formal errors can lead to success regardless of the actual speed. An objection can also lead to the fine being reduced or a driving ban being converted into an increased fine.

Have the fine notice checked now

Have you received a fine notice? Have it checked by a traffic law specialist before you pay. The 14-day deadline for lodging an objection has expired - act now.

Arrange a consultation now

Or call us directly: 0351 / 404 365 56

Reichelt law firm - Granitzer Weg 10, 01109 Dresden