Traffic offence in Augsburg? Objection, defence and your rights at a glance
Traffic offence in Augsburg? An overview of appeals, defence and your rights
Not every traffic offence involves speeding or running a red light. Overtaking, right of way, parking, drink-driving, hit-and-run or driving without a licence – traffic law covers a wide range of offences, with penalties ranging from fines to prison sentences. The key point is this: it is worth appealing even in the case of these offences. Measurement reports, witness statements and procedural errors regularly provide grounds for challenge. As traffic lawyers in Augsburg, we defend you against all traffic offences – whether administrative offences or criminal offences.
Overtaking, right of way and parking offences – common traffic offences
Overtaking offences (Section 5 of the Road Traffic Regulations), right-of-way offences (Section 8 of the Road Traffic Regulations) and parking offences are among the most common traffic offences. Penalties range from warning fines for simple parking offences to fines with penalty points and driving bans for dangerous overtaking or right-of-way violations. In Augsburg, we scrutinise every allegation for procedural errors, incorrect signage and gaps in the evidence – because witness statements and police reports in particular regularly provide grounds for challenge.
Alcohol and drugs on the roads – an administrative offence or a criminal offence?
Driving under the influence of alcohol or drugs results in the most severe penalties under road traffic law. The threshold between an administrative offence and a criminal offence is 1.1 per mille: below this level, an administrative offence under Section 24a of the Road Traffic Act (StVG) applies (from 0.5 per mille); above this level, a criminal offence under Section 316 of the Criminal Code (StGB) applies on the grounds of absolute unfitness to drive. In the case of drugs, Section 24a(2) of the Road Traffic Act (StVG) applies – the mere detection of THC, amphetamines or cocaine in the blood is sufficient to incur a fine, penalty points and a driving ban. In Augsburg, we provide defence services in both administrative offence proceedings and criminal proceedings.
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From a minor offence to a criminal offence – when a traffic offence escalates
Some traffic offences are not administrative offences but criminal offences. The consequences are serious: a criminal record, loss of driving licence, and imprisonment. In Augsburg, we also defend you in criminal traffic cases – from hit-and-run accidents to coercion in road traffic.
Hit-and-run, driving without a licence, misuse of number plates
Fleeing the scene of an accident (Section 142 of the German Criminal Code) is a criminal offence punishable by a fine or imprisonment for up to three years – in addition to this, the offender’s driving licence will be revoked and three penalty points will be recorded. Driving without a licence (Section 21 of the Road Traffic Act) is also a criminal offence, unlike simply driving without carrying a licence (which is a regulatory offence and results only in a warning). Misuse of number plates (Section 22 of the Road Traffic Act) and driving without insurance cover (Section 6 of the Compulsory Insurance Act) complete the range of potential criminal offences. In Augsburg, we determine whether a criminal offence has actually been committed or whether a less severe classification is possible.
Intimidation on the road -- flashing headlights, tailgating, cutting someone off
Tailgating, constantly flashing one’s headlights or deliberately slowing down can be prosecuted as coercion under Section 240 of the German Criminal Code (StGB) – penalties: a fine or imprisonment for up to three years. Distinguishing this from a mere administrative offence is often difficult and depends on the intensity and duration of the behaviour. Dashcam recordings are playing an increasingly important role as evidence, but their admissibility is subject to strict data protection requirements. In Augsburg, we examine the evidence and the legal classification.
Defence and costs – how we approach your case
Whether it’s a minor offence or a criminal offence – every traffic offence deserves a robust defence. In Augsburg, we develop a tailored strategy based on reviewing the case file, analysing the evidence and the latest case law.
Defence strategies for traffic offences
As a first step, we request access to the case files and examine the evidence: measurement reports, blood samples, witness statements and technical reports. Based on this, we develop our defence strategy – whether this involves appealing against the fine notice (Section 67 of the German Administrative Offences Act), seeking the discontinuation of criminal proceedings under Section 153 of the German Code of Criminal Procedure, or mounting a defence at the trial. The aim is always to reduce the fine, avoid penalty points, and prevent a driving ban or the withdrawal of your driving licence. In Augsburg, we represent you before all competent courts.
Costs and legal expenses insurance
Legal fees are calculated in accordance with the RVG. In fine proceedings, they typically range from €300 to €600 without a court hearing, and from €800 to €1,500 if a court hearing is required. In criminal proceedings, the fees are higher and depend on the scope of the proceedings. Motor insurance cover usually covers the costs in full, minus the excess. In Augsburg, we obtain confirmation of cover before taking on the case and provide you with transparent information about all costs.
Frequently Asked Questions
Further information
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This information does not constitute legal advice in individual cases.
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