Received a fine notice? How to successfully lodge an objection
Received a fine? Here’s how to successfully appeal – Lawyer in Augsburg
You have received a fine notice – a financial penalty, points on your licence in Flensburg, perhaps even a driving ban. However, not every fine notice is correct: measurement errors, expired calibration periods, incorrect identification of the driver or procedural errors regularly lead to notices being overturned or reduced. Around a third of all appeals are successful. You have just two weeks from the date of delivery to lodge an appeal. As traffic law solicitors in Augsburg, we will review your notice, request access to the case files and lodge an appeal within the deadline.
Appealing against a fine – deadline, format and procedure
Once the notice of a fixed penalty has been served, you have two weeks to lodge an appeal (Section 67(1) of the German Administrative Offences Act (OWiG)). The appeal must be submitted in writing to the issuing authority – no statement of grounds is required at this stage. If you miss the deadline, the notice becomes final and enforceable. Reinstatement of the previous status is only possible in very limited exceptional cases (Section 52 OWiG in conjunction with Section 44 StPO). You should therefore act immediately: in Augsburg, we will lodge the appeal within the deadline and, at the same time, apply for access to the case file in order to prepare the defence strategy.
Access to case files – the key to a successful defence
Most successful appeals are based on errors that only become apparent upon inspection of the case file. Under Section 49 of the Administrative Offences Act (OWiG) in conjunction with Section 147 of the Code of Criminal Procedure (StPO), your defence lawyer has the right to inspect the complete case file. The file contains the measurement report, the calibration certificate, photographic evidence, raw measurement data and details of the signage. In Augsburg, we apply for access to the files immediately after lodging an appeal and analyse the documents systematically.
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Common errors in penalty notices – your grounds for appeal
Every year, around four to five million fines are issued in Germany for traffic offences. Not all of them stand up to legal scrutiny. In Augsburg, we are familiar with the typical sources of error and systematically use this knowledge to your defence.
Measurement errors and technical faults
Speed measurements are only valid if the measuring device has been correctly calibrated, installed and operated. Common errors: expired calibration period, missing or incomplete calibration records for the measuring device, software errors (particularly with the PoliScan Speed and TraffiStar S 350 systems, the standardisation of which is increasingly being questioned by the courts), incorrect installation angle or failure to maintain the minimum distance from the carriageway. A single technical fault can render the entire measurement unusable.
Procedural errors and the statute of limitations
In addition to measurement errors, procedural errors can also invalidate a fine notice: failure to consult the person concerned or doing so incorrectly, defects in service, incorrect information on legal remedies, or breaches of the limitation periods. Under Section 26(3) of the Road Traffic Act (StVG), the limitation period for prosecuting traffic offences is only three months – if it is not interrupted in time (for example, by the hearing form or the fine notice), the offence becomes time-barred and can no longer be prosecuted.
Penalty points, driving bans and costs – what you could face and how we can help
In addition to the fine, a penalty notice may also result in points being added to your driving record and a driving ban. In Augsburg, we work to help you avoid points and prevent driving bans.
Penalty points system and driving ban
The Driver Fitness Register in Flensburg (Section 28 of the Road Traffic Act) has three levels: one point for serious administrative offences (fines of 60 euros or more), two points for administrative offences resulting in a driving ban or criminal offences, and three points for criminal offences resulting in the withdrawal of a driving licence. Four to five points result in a reminder, six to seven points in a warning. At eight points, the driving licence is revoked. Every single point counts – which is why it is worth contesting even seemingly minor offences.
Costs of the appeal and legal expenses insurance
Legal fees in fine proceedings are governed by the German Lawyers’ Fees Act (RVG): a basic fee, a procedural fee and, where applicable, a court appearance fee, plus a flat-rate allowance for expenses. Without a court hearing, costs typically range from €300 to €600; with a court hearing, they range from €800 to €1,500. Motor insurance covering legal expenses will cover these costs – often minus an excess of €150 to €300. We obtain confirmation of cover before taking on the case. Given the threat of penalty points and driving bans, appealing is often financially worthwhile even without legal expenses cover.
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Further information
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This information does not constitute legal advice in individual cases.
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