Received a hearing notice? React correctly instead of incriminating yourself -- Lawyer in Augsburg
Received a hearing form? Respond correctly rather than incriminating yourself -- Lawyer in Augsburg
You’ve found a hearing form in your letterbox – now every word counts. The hearing form is the preliminary step before a fine notice is issued and requires you to submit a statement (Section 55 of the German Administrative Offences Act). Many people make a crucial mistake at this stage: they fill in the form and provide the authorities with evidence straight away. However, you are under no obligation to make a statement. As traffic law solicitors in Augsburg, we will review your hearing form, protect you from incriminating yourself and develop the right defence strategy – before the fine notice arrives.
What is a consultation form – and what are your rights?
Before the administrative fine authority issues a notice of a fine, it must hear the person concerned (Section 55 of the Administrative Offences Act). To this end, it sends out a hearing form. This letter informs you of the alleged offence and invites you to comment. Crucially, you have the right to remain silent. The right to remain silent is enshrined in Section 55 OWiG in conjunction with Section 46 OWiG and Section 136(1) StPO. Remaining silent must not be interpreted against you. In Augsburg, we advise: Do not complete the hearing form without seeking legal advice.
Beware of incriminating yourself – why the questionnaire can be a trap
The hearing form may seem harmless, but it is an investigative tool. Any information you provide will become part of the case file and may be used against you in subsequent fine proceedings. Many people affected unwittingly confirm their status as the driver, admit to the offence or provide contradictory information. All of this makes a subsequent defence considerably more difficult. In Augsburg, we regularly see cases where a careless statement on the hearing form has decided the outcome of the case.
Tell us about your situation - without obligation and nationwide.
Consultation Form Checklist
Consider how you should respond to your consultation form.
Common mistakes and how your solicitor in Augsburg can help you
The response form is the first critical stage in administrative fine proceedings. The course is set here – not just when the fine notice is issued. In Augsburg, we get involved at an early stage to ensure your defence is properly structured from the outset.
Vehicle owner vs. driver -- You are not obliged to name the driver
As the vehicle owner, you are not obliged to name the driver. There is no owner’s liability under German administrative offence law – the authorities must identify the driver themselves. Particularly relevant: if a family member was driving, you are entitled to the right to refuse to give evidence under Section 52 of the Code of Criminal Procedure (StPO). You are not required to name spouses, fiancés, children or parents as the driver. This right also applies in administrative offence proceedings under Section 46 of the Administrative Offences Act (OWiG). Make use of this right.
Logbook requirements – the risk of failing to identify the driver
If the authorities are unable to identify the driver, the vehicle owner may be required to keep a logbook under Section 31a of the Road Traffic Licensing Regulations (StVZO). The authorities will then order you to keep a logbook for a period of six to 36 months, in which you must record every driver and every journey. Keeping a logbook is a time-consuming process and non-compliance is punishable by a fine. However, it is only permissible if the authorities have first carried out their own reasonable investigations to identify the driver. We will check whether the necessary conditions are actually met.
Next steps and costs -- from the hearing form to the defence
Whether you’ve only just received the consultation form or have already filled it in – here in Augsburg, we’ll analyse your situation and show you the best way forward. The sooner you act, the better your chances.
From the consultation form to the fine notice – this is how the process works
Once the response form has been submitted, the fines authority will review the available evidence and, if necessary, issue a notice of fine. It usually takes between four and twelve weeks from the hearing form to the notice. During this time, you can already seek legal assistance: we will contact the authority, check the statute of limitations and prepare your defence. If the fine notice is issued, we will lodge an appeal within the deadline and request access to the case file – measurement reports, calibration certificates and photographic evidence often contain errors that can be challenged.
Costs of legal representation and legal expenses insurance
Legal advice regarding the hearing questionnaire constitutes an initial consultation and costs a maximum of €190 net under the RVG. If this leads to fine proceedings, the costs typically range from €300 to €600 without a main hearing and from €800 to €1,500 with a court hearing. Motor legal expenses insurance usually covers these costs in full – minus an excess of €150 to €300. We will obtain the confirmation of cover for you. In Augsburg, we provide you with transparent advice on all costs before we take action.
Frequently Asked Questions
Further information
You might also be interested in these topics:
This information does not constitute legal advice in individual cases.
MAXERA Lawyers support clients throughout Germany - digitally, efficiently and with a clear strategy.
Specialised, fast, clear
Our law firm in Augsburg's Maximilianstraße combines personal advice on site with digital client management. Whether labour law or insurance law - we employ specialist lawyers who not only know their field of law, but live it every day.
Call us, write to us or use the form - we will get back to you within 24 hours.
Describe the situation
Briefly describe your request - we will get back to you with an initial assessment.
