Fine proceedings & driving licence law

Received a fine notice? Are you threatened with a driving ban or driving licence withdrawal?

Lawyer Martin Reichelt is a specialist lawyer for traffic law in Dresden and your specialist for the defence in fine proceedings and driving licence matters. We check every decision for errors and fight for your mobility.

Many fine notices are contestable - whether due to incorrect measurements, formal errors or procedural defects. Act quickly: the objection period is only 14 days after delivery!

Received a fine notice - what to do?

If you receive a fine notice, you should remain calm and proceed systematically:

1. Note the deadline: The 14-day objection period pursuant to Section 67 (1) OWiG runs from the day of service. This period cannot be extended!
2. Have the decision checked: Check the information - is the date, the location, the speed charged correct? Is the measurement photo clear?
3. Do not provide any information: Don't fill in the hearing form from the fines office too hastily. You have the right to remain silent - use it!
4. Contact a specialised lawyer: A specialist lawyer for traffic law can assess the chances of success of an objection and take over the defence.

Appeal against the fine notice

The objection according to § 67 OWiG is your legal remedy against a fine notice. A specialist lawyer for traffic law knows numerous starting points for successfully contesting a fine notice:

Formal errors

• Missing or incomplete information on legal remedies
• Statute of limitations for the offence (Section 26 (3) StVG: 3 months from the date of the offence, unless a hearing notice has been served)
• Insufficient description of the offence in the notice
• Incorrect delivery of the fine notice

Material errors - Measurement errors

• Calibration: Was the measuring device validly calibrated at the time of the offence? An uncalibrated device does not provide a usable result.
• Operating instructions: Has the measuring device been set up and operated in accordance with the manufacturer's instructions? Deviations can lead to unusability.
• Tolerance deduction: Was the correct tolerance deduction made?
• Assignment: Is it clearly recognisable on the measurement photo which vehicle was measured? In the case of multiple lane measurements, allocation errors often occur.
• Measurement protocol: Is a complete measurement report available? If it is missing, the measurement cannot be checked.

Identification of the driver

The owner and driver do not have to be identical. If you are not clearly recognisable in the measurement photo, the fine cannot be enforced against you. In this case, however, the holder may be subject to a logbook requirement in accordance with Section 31a StVZO.

Points system in Flensburg

The driving aptitude register at the Federal Motor Transport Authority (KBA) in Flensburg records traffic offences according to a points system in accordance with § 4 StVG:

• 1 point: Regulatory offences that impair road safety (e.g. mobile phone offences, speeding up to 20 km/h in urban areas)
• 2 points: Gross misdemeanours with driving ban or criminal offences without driving disqualification
• 3 points: Offences with driving disqualification

Action levels:

• 1-3 points: Prior notice (no consequences)
• 4-5 points: Admonition by the KBA
• 6-7 points: Warning with a recommendation to attend a fitness to drive seminar
• 8 points: Withdrawal of the driving licence in accordance with § 4 Para. 5 Sentence 1 No. 3 StVG

A specialist lawyer for traffic law will ensure that points are avoided or reduced through skilful defence - and that your driving licence is retained.

Contesting a driving ban

A driving ban in accordance with § 25 StVG is usually imposed for 1 to 3 months and hits many people hard - especially professional drivers and commuters. There are various ways to avoid a driving ban:

• Contestation of the measurement: If the measurement was incorrect, the driving ban is also cancelled
• Momentary failure: The court may refrain from imposing a driving ban in the event of a single, brief moment of inattention
• Unreasonable hardship: If losing your driving licence would mean losing your job, the court can impose an increased fine instead of a driving ban
• Select period: In the case of a regular driving ban, you can determine the period yourself within 4 months of the ban taking legal effect - e.g. when you go on holiday

Frequent traffic offences in detail

Speeding

Speeding is the most common traffic offence in Germany. The penalties depend on the amount of the offence and whether it was committed in urban or rural areas:

• Up to 10 km/h: 30 € (in town) / 20 € (out of town) - no point
• 11-20 km/h: 70-115 € - no point / 1 point
• 21-30 km/h: 180-250 € - 1 point, possibly driving ban (in urban areas from 26 km/h)
• 31-40 km/h: 260-400 € - 2 points, 1 month driving ban
• Over 40 km/h: From 400 € - 2 points, 1-3 months driving ban

It is particularly worth checking measurements that are just above the driving ban limit: even a small measurement error can make the difference between „no driving ban“ and „1 month driving ban“.

Red light violation

Running a red light is differentiated according to the duration of the red phase:

• Simple red light offence (traffic light red for less than 1 second): 90 €, 1 point
• Qualified red light offence (traffic light red for more than 1 second): 200 €, 2 points, 1 month driving ban
• With hazard: 320 €, 2 points, 1 month driving ban
• With damage to property: 360 €, 2 points, 1 month driving ban

The red light duration is often measured by stationary speed cameras or video surveillance. Here, too, there are numerous sources of error that a specialist lawyer for traffic law can uncover.

Mobile phone offence (Section 23 (1a) StVO)

The use of a mobile phone without hands-free equipment while driving is penalised with:

• As a car driver: 100 €, 1 point
• With hazard: 150 €, 2 points, 1 month driving ban
• With damage to property: 200 €, 2 points, 1 month driving ban
• As a cyclist: 55 €

Important: Simply picking up or holding the device is sufficient for an offence. However, it is often difficult to provide evidence - an approach to defence that an experienced specialist lawyer will use.

Alcohol and drugs in road traffic

Alcohol and drug offences in road traffic have particularly serious consequences:

Alcohol - administrative offence:

• 0.5 to 1.09 per mille (without signs of failure): 500-1,500 € fine, 2 points, 1-3 months driving ban (§ 24a StVG)

Alcohol - criminal offence:

• From 0.3 per mille with signs of impairment: Relative unfitness to drive, offence under § 316 StGB
• From 1.1 per mille: Completely unfit to drive, always an offence under § 316 StGB - driving licence revocation imminent
• From 1.6 per mille: MPU is usually ordered

Drugs:

• Driving under the influence of drugs is an administrative offence according to § 24a para. 2 StVG: 500-1,500 € fine, 2 points, 1-3 months driving ban
• In the case of drug-induced impaired driving: offence under Section 316 StGB with driving disqualification
• The driving licence authority regularly orders an MPU

Driving licence revocation vs. driving ban

Many of those affected confuse a driving ban with a driving disqualification - but the differences are significant:

	Driving ban	Driving licence revocation
Legal basis	§ Section 25 StVG (offence procedure)	§ Section 69 StGB (criminal proceedings)
Duration	1-3 months	Blocking period 6 months - 5 years (lifelong possible)
Driving licence	Remains in place, is only temporarily „dormant“	Goes out completely
Afterwards	Driving licence is automatically returned	New application required, often MPU
Cost	Low (fine only)	Significant (MPU, new application, new test if necessary)

MPU - Medical-psychological examination

The MPU (colloquially known as the „idiot test“) is ordered by the driving licence authority if there are doubts about your fitness to drive. Typical occasions:

• Alcohol-related offences from 1.6 per mille or repeated alcohol-related offences
• Drug use (even one-time cannabis use may suffice)
• 8 or more points in Flensburg
• Road traffic offences

The failure rate for the MPU is around 35-40 %. Thorough preparation is therefore essential. Attorney Reichelt will advise you:

• Whether an MPU is actually necessary in your case (sometimes the order can be contested)
• Which requirements you must fulfil (proof of abstinence, therapy, waiting times)
• Which preparation courses are reputable
• When is the right time for the MPU?

Special features during the probationary period

Stricter regulations apply to novice drivers in accordance with § 2a StVG:

• The probationary period lasts 2 years after the issue of the first driving licence
• A offences (serious): e.g. speeding over 20 km/h, red light offence, drink driving → probationary period extended to 4 years + advanced training seminar
• B offences (less serious): e.g. mobile phone offence, speeding up to 20 km/h → 2 B offences = 1 A offence
• For further offences: Warning + recommendation for traffic psychology counselling, driving licence revocation in the event of a repeat offence

For novice drivers there is also a absolute ban on alcohol (§ 24c StVG). Even the smallest alcohol level leads to a fine and an A offence.

For young drivers on probation in particular, a traffic offence can have far-reaching consequences. Early legal advice is particularly important here.

Your advantages with specialist lawyer Reichelt

• Specialisation: Specialist lawyer for traffic law with proven expertise
• Experience Extensive practice in fines and driving licence matters
• Inspection of files: We request the complete fine file including measurement data and calibration certificates
• Assumption of costs: Clarification with your legal expenses insurance
• Deadline fulfilment: Filing an objection immediately so that no deadline is missed
• Local expertise: Knowledge of the Dresden courts and fine offices

Frequently asked questions about fines and driving licences

How long do I have to appeal against the fine?

The objection period is 14 days from service of the fine notice (Section 67 (1) OWiG). This period cannot be extended. You should therefore contact a specialist lawyer for traffic law immediately if you wish to lodge an objection. The objection must be submitted in writing to the competent fining authority.

Can I take my driving ban on holiday?

Yes, if you are banned from driving for the first time, you have the option of determining the start date of the driving ban yourself within 4 months of it coming into force. You hand in your driving licence to the fining authority at the time you choose. In this way, you can schedule the driving ban at a time that is convenient for you, e.g. when you are on holiday or when you have less need for mobility.

What does a lawyer cost in fine proceedings?

The lawyer's fees in fine proceedings are based on the RVG and depend on the amount of the fine. For a fine of €200, for example, the lawyer's fees for out-of-court proceedings are around €300-500. If you are threatened with a driving ban or the loss of your driving licence, the costs are in a favourable ratio to the benefits. With legal expenses insurance, the costs are covered in full.

When is an MPU imminent?

An MPU is typically ordered in the case of: Alcohol consumption above 1.6 per mille, repeated alcohol offences, drug use, reaching 8 points in Flensburg or certain criminal offences in road traffic. The order is issued by the driving licence authority. In some cases, the MPU order can be contested by a lawyer.

Can a driving ban be converted into a higher fine?

In principle, yes, but only in exceptional cases. The court can refrain from imposing a regular driving ban and instead increase the fine if the driving ban would represent a disproportionate hardship - e.g. the threat of job loss. However, this argumentation requires a convincing presentation by an experienced specialist lawyer for traffic law.

This article is intended to provide general information and does not replace individual legal advice. For customised advice tailored to your case, please contact Martin Reichelt, lawyer in Dresden.