Contesting a fine notice

Contesting a fine notice - when is it worth appealing?

Have you received a fixed penalty notice and are wondering whether it is worth appealing? The good news is that many fixed penalty notices are challengeable. Measurement errors, procedural errors, or incorrect signage — the grounds for a successful appeal are more varied than most people affected assume. I am Martin Reichelt, Specialist lawyer for traffic law - I will examine your fixed penalty notice and give you an honest assessment of your prospects 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 before the deadline expires, I can still take action. An informal objection by fax to the fines department is initially sufficient to preserve the deadline. The detailed grounds can be submitted at a later date. Therefore, contact me even if the deadline is tight — I will respond quickly.

Frequent mistakes by the authorities

Penalty notices are by no means always correct. In practice, errors regularly occur that make the notice open to challenge. As a specialist solicitor for traffic law, I 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: Especially with multi-lane traffic, it can happen that the measurement is assigned to the wrong vehicle. I will check the measurement data and the evidence photo for correct assignment.
• 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 statute-barred after three months if no notice of a fine is issued or the limitation period is interrupted during this time. I am checking whether the authorities have 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 my review of the file, I am checking whether the signage at the scene of the incident complied with the regulations. If there are any doubts, I can arrange a 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

Having reviewed the penalty notice, I am lodging an appeal with the competent fixed-penalty office within the statutory period. The appeal must be made in writing and received by the authority within the 14-day period. A statement of grounds is not yet required at this stage, but may already be enclosed.

2. request access to the file

Immediately after lodging the objection, I shall request access to the case file from the traffic fines authority. The file contains all documents relevant to the proceedings: measurement logs, calibration certificates, evidentiary photographs, training records of the measuring personnel, video recordings where applicable, and the entire course of the proceedings. These documents form the basis for my further defence strategy.

3. examination and justification

Upon receipt of the file, I examine all documents for formal and substantive errors. If necessary, I instruct an expert to review the measurement. On the basis of my analysis, I draw up a well-founded statement of grounds for appeal and advise you on how to proceed further.

4. interim proceedings

The fining authority examines the objection and can cancel, amend or forward the notice to the public prosecutor's office. The public prosecutor's office then decides whether the proceedings are dropped or referred to the local court for a main hearing. In many cases, the proceedings are already dropped at this stage — particularly if I can prove substantial errors.

5. main hearing before the local court

If the case proceeds to a trial, I will represent you before the relevant magistrates’ court. During the trial, I can present evidence, question witnesses and cross-examine the officer who carried out the measurement. The court examines the facts of the case independently and is not bound by the findings of the fine-imposing authority. Possible outcomes include acquittal, the case being dismissed, a reduction in the fine or confirmation of the decision.

6. appeal on points of law

Under certain circumstances, an appeal on a point of law can be lodged with the Higher Regional Court against the judgment of the Local Court. This is possible in particular in the case of legal issues of fundamental importance or in the case of a fine of more than 250 euros. I will advise you on whether an appeal on a point of law is advisable 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 legal expenses insurance for traffic law, it will usually cover all costs — solicitor's fees, court costs and expert witness fees. I will obtain the confirmation of cover directly from your insurance company, so you don't have to worry about the costs being covered. An appeal through a specialist solicitor for traffic law is practically free of charge for you with legal expenses insurance.

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 the case file is one of the most important rights of defence in proceedings relating to administrative fines. It is only by inspecting the case file that I can assess whether the measurement was correct and whether the decision is justified. The case file contains, amongst 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 (penalty points, driving ban), the more worthwhile an appeal is. However, even in the case of mere fines, an appeal can make sense if the measurement was flawed. After inspecting the case file, I will give you an honest assessment — if an appeal has little prospect of success, I will tell you so.

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?

Basically yes — the court is not bound by the original fixed penalty notice in opposition proceedings and can theoretically also impose a higher fine (the prohibition of reformatio in peius does not apply in fine proceedings). In practice, however, this occurs extremely rarely. I will advise you regarding this risk and recommend filing an objection only if the prospects of success significantly 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

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Reichelt law firm - Granitzer Weg 10, 01109 Dresden