Mobile phone offence in road traffic
Mobile phone offences while driving – avoid fines, penalty points and driving bans – solicitor in Augsburg
Have you been caught using your mobile phone whilst driving? Since the 2017 reform, Section 23(1a) of the Road Traffic Regulations (StVO) covers not only mobile phones but all electronic devices – tablets, smartwatches and sat-navs. Simply holding the device is enough to constitute an offence. You face a fine of up to €200, two penalty points and a one-month driving ban. However, the evidence is often open to challenge: police observations from moving patrol cars are prone to error, and not every instance of use meets the legal criteria. As traffic law solicitors in Augsburg, we will review your case and mount a targeted defence.
The mobile phone ban since 2017 – What Section 23(1a) of the Road Traffic Regulations prohibits
Since the 2017 amendment, Section 23(1a) of the Road Traffic Regulations (StVO) prohibits picking up or holding electronic devices whilst driving a vehicle. The legislator has deliberately defined the offence broadly: it covers not only mobile phones, but also tablets, laptops, smartwatches, e-book readers and portable navigation devices. The decisive factor is holding the device – even if you are not actively using it, but merely picking it up, this constitutes an offence. Hands-free kits remain permitted, as does the use of a permanently fitted mount. In Augsburg, we analyse whether your specific behaviour actually meets the criteria of the offence.
Evidence and points of challenge in mobile phone offences
Most mobile phone offences are detected through police observation – a patrol officer notices, whilst driving past, that the driver is holding a device in their hand. This evidence is often open to challenge: the observation is made from a moving vehicle, often in poor visibility and over a short period of time. Photographic evidence is rarely available, and the officer’s recollection is only documented later in a witness questionnaire. In Augsburg, we are aware of the weaknesses in this line of evidence and use them to your defence.
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Penalties, special cases and schedule of fines
The schedule of fines (BKat No. 246) grades penalties according to the severity of the offence. For motorists, the legal consequences range from a fine of 100 euros to two penalty points and a one-month driving ban. Milder penalties apply to cyclists. A particularly contentious issue is whether the ban also applies if the engine is switched off whilst stopped at a red light. In Augsburg, we can advise you on the specific legal consequences of your offence and assess whether the penalty imposed is proportionate.
An overview of the levels of fines
A simple mobile phone offence costs 100 euros and results in one penalty point being recorded in Flensburg (Section 24 of the Road Traffic Act, BKat No. 246). If the offence involves endangering others, the fine rises to 150 euros, two points are recorded and a one-month driving ban is imposed. In the event of damage to property, the fine increases to 200 euros – again with two points and a one-month driving ban. Cyclists pay 55 euros without points. Even a single point can have serious consequences if you already have points on your licence.
Special case: Switch off the engine at traffic lights
Section 23(1a) of the Road Traffic Regulations (StVO) requires that the vehicle be in motion – i.e. the engine is running or the vehicle is moving. If the engine is switched off completely at a red light (not merely via the automatic start-stop system), the ban does not apply according to prevailing legal opinion. Case law on this point is inconsistent: whilst some courts recognise the deliberate switching off of the engine, others do not regard the automatic start-stop system as a genuine switch-off. We will examine in Augsburg whether this line of argument applies in your case.
Defence and costs in mobile phone offences
A mobile phone offence is no trivial matter – a penalty point, a driving ban and a three-figure fine hit many clients harder than they expect. In Augsburg, we develop a tailored defence strategy and implement it consistently.
Defence strategies in administrative fine proceedings
The defence raises several points: We dispute the police observation and request a detailed account of what was observed. Was the device actually being held in the hand, or was it resting on the thigh? Was it really an electronic device? Was the engine switched off? We are applying for access to the case files, checking the hearing form for errors, challenging the identification of the driver and examining the limitation periods (Section 26(3) of the Road Traffic Act: three-month limitation period for prosecution).
Costs and legal expenses insurance
Legal fees are governed by the German Lawyers’ Fees Act (RVG) and typically range from €300 to €600 in fine proceedings without a court hearing, and from €800 to €1,200 if a court hearing is required. Motor insurance covering legal expenses will cover these costs, minus the agreed excess (usually €150 to €300). We obtain confirmation of cover before taking on the case. Even without legal expenses cover, it is financially worthwhile to mount a defence if you face penalty points or a driving ban.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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