Notice of fine
Received a fine in Augsburg? Check your appeal & avoid a driving ban
Have you received a fine notice and are wondering whether it’s worth appealing? Studies show that around 56% of all fine notices contain errors – ranging from invalid measurements to procedural flaws. As a law firm based in Augsburg, we will review your notice, lodge an appeal within the deadline and represent you before the Augsburg Local Court.
Appealing against a fine – when is it worth it?
It is often worth appealing. The success rate for appeals handled by a solicitor is significantly higher than for those lodged by members of the public, as technical and legal errors are systematically identified. The deadline for lodging an appeal is two weeks from the date the notice of fine is served (Section 67 of the German Administrative Offences Act) – after this, the decision becomes final, the fine becomes payable, and any penalty points and driving bans take effect.
The fine procedure – how it works and your rights in Augsburg
The fine proceedings follow a set procedure: first, you will receive a hearing form from the Augsburg Fines Office, followed by the notice of the fine. You may lodge an appeal against this within 14 days. The appeal must be submitted in writing to the Fines Office – the authority will review the case and, if the fine is upheld, refer it to the Augsburg Local Court. The main hearing will take place there.
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Fines Check
Find out in just a few steps whether an appeal against your fine notice stands a chance of success.
Common offences subject to fines and how to defend against them
Whether it’s speeding, running a red light or using a mobile phone while driving – every offence has its own points of vulnerability. In Augsburg, we defend those affected against all common traffic offences and exploit the specific weaknesses of the relevant measurement method.
Speeding offences and speed cameras
When measuring speed, a standard margin of error of 3 km/h (below 100 km/h) or 3% (above 100 km/h) is deducted. Furthermore, all measurement methods – from fixed radar systems and mobile lasers to section control – have specific sources of error. We are familiar with the technical reports on common measuring devices and know which points of challenge are likely to be successful with which type of device.
Running a red light and using a mobile phone
In the case of red light offences, the law distinguishes between a simple offence (red light phase under 1 second, €90, 1 point) and an aggravated offence (red light phase over 1 second, €200, 2 points, 1-month driving ban). The exact moment the lights change is crucial – and is often incorrectly recorded. Since the 2017 reform, mobile phone offences (Section 23(1a) of the Road Traffic Regulations) carry a minimum fine of 100 euros and 1 penalty point. The evidence is often flimsy if the photo does not clearly show the phone being used.
Avoiding a driving ban – your options in Augsburg
A driving ban hits particularly hard if you rely on your car for work. In Augsburg, we employ various strategies to avoid a driving ban or at least mitigate its effects. The court has a degree of discretion in standard driving ban cases, which we make targeted use of.
A momentary lapse and professional hardship
In the case of a one-off, isolated offence, the court may waive the driving ban on the grounds of a momentary lapse of judgement – for example, if you failed to notice a speed limit sign. An unreasonable hardship in your professional life may also prevent the driving ban if you can prove that your job is at immediate risk. In both cases, the fine is usually doubled or even tripled. We will prepare the necessary documentation for Augsburg Local Court.
Points in Flensburg and a driving aptitude course
Every penalty point in Flensburg remains on your record for five years. If you accumulate four to five points, you will receive a warning – at which point you can reduce your points total by attending a voluntary driver aptitude seminar. Once you reach six points, the seminar is no longer effective. If you reach eight points, your driving licence will be revoked. We will check your current points total and advise you on the best strategy for keeping your driving licence.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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