Distance offence on the motorway? Avoid fines, points and driving bans -- Lawyer in Augsburg
Failed to keep a safe distance on the motorway? Avoid fines, penalty points and a driving ban -- Lawyer in Augsburg
You have been caught on camera for failing to maintain a safe distance – on the motorway or a main road. You face fines of up to €400, two penalty points in Flensburg and a driving ban of up to three months. However, many distance measurements are open to challenge: measurement distances that are too short, faulty analysis or a third party suddenly cutting in regularly invalidate the charge. As traffic law solicitors in Augsburg, we examine the measurement report and video footage, request access to the case files and defend you against the fine notice.
The distance rule under Section 4 of the Road Traffic Regulations (StVO) -- Calculation and scale of fines
Under Section 4(1) of the Road Traffic Regulations (StVO), the distance between your vehicle and the one in front must be sufficient to allow you to stop in good time. The rule of thumb is: half your speed in metres. At 100 km/h, this amounts to at least 50 metres. Fines are determined by the speed at which you were travelling and the extent to which the safety distance was not maintained. From 80 km/h, penalties are imposed in accordance with the Schedule of Fines (BKat No. 12 in conjunction with Section 24 of the Road Traffic Act (StVG)), with graduated penalties. In Augsburg, we analyse the specific measurement situation and check whether the classification in the Schedule of Fines has been applied correctly.
Measurement methods and their limitations -- bridge measurement, video and stationary systems
Distance measurements are primarily carried out using bridge-based measurement methods (VKS 3.0 or VAMA) and video distance measurement (ProViDa, police video). In bridge-based measurement, traffic is filmed from a motorway bridge and then analysed on a computer. Video distance measurement relies on police vehicles fitted with calibrated cameras. Both methods are prone to error – and this is precisely where we begin our defence in Augsburg: we examine measurement reports, calibration certificates and the complete video recording.
Tell us about your situation - without obligation and nationwide.
Social Distancing Check
In just a few steps, check how serious your social distancing breach is and whether your measurement can be challenged.
Defences against allegations of failing to maintain a safe distance -- when the case against you starts to crumble
Not every instance of failing to maintain a safe distance is due to negligence, and not every measurement is admissible. In Augsburg, we focus specifically on the weaknesses in the chain of evidence: measurement errors, situational factors and procedural flaws.
A third party cutting in and sudden braking
If another vehicle cuts in immediately in front of you, thereby reducing the distance between you, you are not at fault. The schedule of fines assumes that you have failed to maintain a safe distance through your own negligence. Similarly, a sudden braking manoeuvre by the vehicle in front may temporarily cause the distance to fall below the limit. The decisive factor is whether the reduced distance persisted throughout the entire measurement period or occurred only briefly. We analyse the video footage and the evaluation software.
Measurement route, weather conditions and procedural errors
The measurement distance must be sufficiently long to prove that the distance was consistently too short. If the distance is too short – for example, less than 200 metres – the measurement may be unusable. Weather conditions such as rain, snow or poor visibility can impair video quality and the ability to analyse the footage. Added to this are procedural errors: missing calibration certificates, late delivery of the fine notice, or shortcomings in identifying the driver.
Fines, penalty points and driving bans for failing to keep a safe distance – what the penalties are and how we can help
Penalties for failing to maintain a safe distance range from a €25 warning fine for minor breaches to a €400 fine, two penalty points and a three-month driving ban for tailgating on the motorway. In Augsburg, we are working to help you avoid driving bans and penalty points.
Driving ban – when does it come into effect and how can it be avoided?
A driving ban may be imposed if you are driving at 100 km/h or more and maintaining a safety distance of less than 3/10. The ban lasts one month for speeds between 100 and 130 km/h, two months for speeds over 130 km/h with a safety distance of less than 3/10, and three months for speeds over 130 km/h with a safety distance of less than 1/10. In cases of hardship – such as where a person’s livelihood depends on their driving licence – the court may waive the driving ban and increase the fine instead. In Augsburg, we specifically argue on the grounds of professional and personal hardship.
Legal defence costs and legal expenses insurance
Legal fees in fine proceedings are governed by the German Lawyers’ Fees Act (RVG) and typically range from €300 to €600 without a court hearing and from €800 to €1,500 with a court hearing. Motor insurance covering legal expenses will cover these costs, minus the agreed excess. We obtain confirmation of cover before taking on the case. Given the potential for a fine of up to €400, two penalty points and a three-month driving ban, defending against charges of failing to maintain a safe distance is financially sensible in most cases.
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.
