Red light offence? Lawyer in Augsburg examines your case and fends off driving ban
Red light offence? A solicitor in Augsburg will review your case and fight the driving ban
Have you driven through a red light and received a fine? Whether it’s a standard or aggravated red-light offence, you face a fine of up to €360, two penalty points in Flensburg and a one-month driving ban. However, many red-light offences can be challenged – faulty red-light cameras, yellow phases that are too short or inaccurate timing regularly provide grounds for a defence. As traffic law solicitors in Augsburg, we examine the measurements, request access to the case files and fight to have your case dismissed or the penalty reduced.
A simple vs. a serious red-light offence – the key difference
Traffic law makes a strict distinction between a simple red-light offence and a serious red-light offence. The dividing line is exactly one second of the red light’s duration. This fraction of a second determines whether you get off with a fine or are also banned from driving. Under Section 37 of the Road Traffic Regulations (StVO) in conjunction with Section 49(3)(2) StVO, both types are treated as administrative offences – with significantly different legal consequences. This is precisely why it is worth having the measured duration of the red light carefully examined by a traffic lawyer in Augsburg.
Measurement errors and points of criticism in red-light enforcement
Red light enforcement systems such as Traffipax or Multanova often use induction loops embedded in the road surface. Two loops detect when a vehicle crosses the stop line and how long the traffic light has been red at that point. However, this measurement technology is prone to errors: misaligned loops, software faults, incorrect calibration or an out-of-sync traffic light control system can distort the measured red light duration. In Augsburg, we systematically analyse the measurement data and the installation log of the enforcement system.
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Typical defensive tactics – the ‘yellow phase’, the ‘pull-along effect’ and breaching the defensive line
A red light offence is not always clear-cut. There are numerous scenarios in which the charge can be refuted in whole or in part. In Augsburg, we focus specifically on the defence strategies that are most likely to succeed in practice – from an excessively short amber phase and the ‘carry-through’ effect to distinguishing the offence from a stop line violation.
Yellow phase too short and carry-over effect
The amber phase must allow the driver to stop safely before the stop line. The guidelines stipulate a minimum of 3 seconds of amber at 50 km/h, 4 seconds at 60 km/h and 5 seconds at 70 km/h. If the amber phase is too short, the red light offence may not apply. In addition, the so-called ‘tailgating effect’ plays a role: if a driver follows the vehicle in front into the junction because they trust that it will continue, this may mitigate the charge of fault. We are examining the traffic light timing in Augsburg.
Failure to stop at a stop line rather than running a red light
Not every instance of crossing the stop line when the traffic light is red constitutes a red-light offence. If the driver stops before the protected junction area after crossing the stop line, this is merely a stop-line offence – with significantly less severe legal consequences: a fine of 10 euros with no penalty points, rather than 90 euros or more. The decisive factor is whether the vehicle has entered the junction area. Special rules also apply to the green arrow sign (Section 37(2) of the Road Traffic Regulations): the driver must first stop at the stop line before being permitted to turn right on a red light.
Driving bans, penalty points and fines for running a red light
A serious traffic offence results in a one-month driving ban. For many of those affected – particularly professional drivers and commuters – the driving ban has consequences that threaten their livelihood. In Augsburg, we are campaigning to have the driving ban lifted or, at the very least, to ensure that the start of the ban is flexible.
Avert or postpone the driving ban
The standard driving ban imposed for a serious red-light offence may be waived in exceptional cases where there is disproportionate professional or personal hardship (Section 4(4) of the BKatV). In such cases, the court will generally double the fine. Furthermore, if this is the first driving ban, the start date of the ban may be freely chosen within four months of the decision becoming final. This allows the driving ban to be scheduled to coincide with the holiday period, for example.
Legal fees and legal expenses insurance
Legal fees in proceedings for a red light offence are governed by the German Lawyers’ Fees Act (RVG). Without a court hearing, costs typically range from €300 to €600; with a court hearing, they range from €800 to €1,500. Motor insurance usually covers these costs in full, minus an excess. Given a fine of 200 euros, two penalty points and a one-month driving ban for a serious red light offence, legal representation is financially worthwhile in most cases.
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This information does not constitute legal advice in individual cases.
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