Administrative offenses and criminal proceedings
Administrative offenses in traffic
Anyone who has a driving license and has attended a driving school should know the basic rules for driving. However, there are numerous do's and don'ts that many road users are no longer familiar with after a while. Most traffic violations in Germany are administrative offenses. Due to their value, these are classified below criminal offenses. Administrative offenses are therefore not prosecuted by the public prosecutor's office, but by the fines authority.
In the area of administrative offenses, a distinction is made between the warning fine for minor administrative offenses and the fine for major administrative offenses. A warning fine can be charged if the violation carries a maximum penalty of 55 euros. In order to be subject to a fine, the misconduct must be punishable by a penalty of at least 60. While a warning fine can be collected directly on site, for example by a police officer, the fine is always punished by the responsible prosecution authority for traffic offenses. Significant administrative offenses can also be punished with a driving ban of several months and with the famous points in Flensburg.
Not every administrative offense prosecuted by the authorities turns out to be legal in court. In this respect, an objection to the fine often makes sense if, for example, the driver of the car cannot be identified or the identified driver urgently needs his driving license for professional reasons. It is not uncommon for it to even turn out that in the case of alleged speeding, the measurement taken cannot be used at all because, for example, the measuring device has weaknesses or other incorrect measurements cannot be ruled out.
Help from a traffic law specialist
As a specialist lawyer for traffic law, I can of course also help you in the area of administrative offenses and criminal proceedings. You can rely on my years of experience, especially when it comes to the following violations and offenses:
Speeding
Right of way violations
Red light violations
Danger to road traffic
Distance shortfalls
coercion
Drug and/or alcohol use
Driving without a license
Mobile phone usage
Negligent bodily harm and negligent homicide
Early intervention is recommended in administrative offenses and criminal proceedings. As soon as you receive a hearing form, it is necessary to involve an experienced lawyer in order to determine a sensible procedural strategy and prevent any errors.
The most important traffic violations
Violation of the seatbelt requirement
Every passenger is required to fasten their seatbelt in the vehicle before starting the journey. A violation of the seat belt requirement is usually punished with a fine of 30 euros.
Using a cell phone in traffic
If the cell phone is used while driving, there is already a point in Flensburg and a fine of 100 euros is foreseen. If there is an additional risk to other road users, this costs 150 euros. A fine of 200 euros will be levied if the use of the cell phone leads to misconduct that results in a traffic accident. If there is a danger or a traffic accident, the driver must expect two points in Flensburg and a driving ban of one month.
Abuse of alcohol or other intoxicating substances
A significant administrative offense occurs if the driver of the vehicle is under the influence of alcohol or drugs. An alcohol level of 0.5 to 1.09 per mille already constitutes this offense. From a value of 1.1 per mille it is even a criminal offense. If there is a suspicion that the driver may have consumed narcotics, a blood sample is usually taken. In both cases, the “first offender” will be charged a fine of 500 euros. A driving ban of one month will also be imposed. For a second offense of the same type, the fine is 1,000 euros and the driving ban is three months.
Parking violations
Stopping or parking in violation of the prohibition is also a frequently identified administrative offense. There are numerous violations here, such as parking in a no-parking area or on the sidewalk. The decisive factor for the amount of the warning fine is whether the misconduct causes a hindrance to other road users. In addition, the warning fine increases if the vehicle in question is parked illegally for a longer period of time.
Speeding
Nowadays, there are permanently installed radar devices for speed measurement in many towns. In addition to these devices, the police have mobile systems that can be set up at various locations. When determining the warning or fine, it depends on what speed was actually measured and whether the violation was committed in the city or outside of built-up areas. The slightest violation of exceeding the maximum speed limit is punished with a fine of 10 euros. In the worst case, a real speeder can expect a fine of 760 euros, two points in Flensburg and a driving ban of three months.
The catalog of fines provides a good overview of all fines and warnings. This one is under the designation“Federal catalog of offenses” can also be found on the internet.
Keep calm, act correctly
However, many road users are encountered by the police immediately after or during the crime. Due to the stress and pressure placed on those affected, waiting for a hearing is often understandably unreasonable, especially when their driving license is at stake. I would therefore be happy to provide you with advice and assistance in advance and get in touch with the responsible authorities.
I am aware that an existing relationship of trust between client and lawyer is of fundamental importance, especially in criminal proceedings. Only if the lawyer knows all the circumstances surrounding the crime can a comprehensive defense be carried out that also takes into account the individual interests of the client. Of course, it should not be ignored that the situation associated with a crime is often extremely unpleasant for the client. In this regard, too, we approach you with the greatest possible understanding and discretion.
Always remember: there is nothing that doesn't exist! So don't be afraid to contact me if you have any unusual issues!