Speeding offence in Augsburg? Successfully fend off fines, points and driving bans
Speeding offence in Augsburg? Successfully contesting fines, penalty points and driving bans
A speeding offence can quickly become expensive: a fine, points on your licence in Flensburg, and a driving ban. However, many speed measurements are flawed. Expired calibration periods, incorrect installation angles, missing raw measurement data or software errors in devices such as the PoliScan Speed make measurement results open to challenge. As traffic law solicitors in Augsburg, we review your fine notice, request access to the case file and uncover measurement errors. Seize this opportunity – act within the two-week appeal period.
Measurement methods and tolerance allowances – how speed is measured
In Germany, various measurement methods are used: fixed speed cameras (induction loops, radar), mobile devices (laser guns, photoelectric barriers), tail-gating detection using the ProViDa system, and the newer Section Control system. Each method has its own technical requirements and sources of error. Before a penalty is imposed, a tolerance deduction is applied: 3 km/h for measured speeds below 100 km/h, and 3 per cent for speeds above that (§ 3 StVO, § 49 StVO). This deduction is intended to compensate for measurement inaccuracies.
Measurement errors and points of criticism – this is how your measurement becomes open to criticism
The majority of successful appeals against speeding offences are based on measurement errors. In its ruling 2 BvR 1616/18, the Federal Constitutional Court clarified that those affected have a right to access the raw measurement data. If this data is missing or the authorities refuse access, this constitutes a significant procedural error. In Augsburg, we immediately apply for access to the case file and request the raw measurement data, personal file and calibration certificate.
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Penalty Schedule -- Penalties for speeding offences in built-up areas and outside built-up areas
The Schedule of Fines (BKat) distinguishes between offences committed in built-up areas and outside built-up areas. Higher penalties apply in built-up areas, as the potential for danger is greater. Since the amendment to the Road Traffic Regulations (StVO) in November 2021, stricter rules have been in force: penalty points are issued for speeds exceeding the limit by 21 km/h or more, and a driving ban may be imposed for speeds exceeding the limit by 21 km/h in built-up areas or 26 km/h outside built-up areas (Section 24 StVG, Section 25 StVG). Fines range from €30 to over €800.
In built-up areas: a fine, penalty points and a driving ban
Within built-up areas, the speed limit is generally 50 km/h (Section 3(3) of the Road Traffic Regulations). Exceeding this limit is strictly penalised: Up to 10 km/h over the limit: €30. 11–15 km/h: €50. 16–20 km/h: €70. 21 km/h or more: €115, one penalty point and a one-month driving ban. From 31 km/h: €260, two penalty points and a one-month driving ban. From 41 km/h: €400, two penalty points and a two-month driving ban. From 51 km/h: €560, two penalty points and a three-month driving ban. This scale shows that even moderate speeding offences have serious consequences.
Outside built-up areas and on motorways: graduated penalties
Outside built-up areas, the penalties are less severe, as the level of risk is assessed differently. Up to 10 km/h: 20 euros. 11–15 km/h: 40 euros. 16–20 km/h: 60 euros. From 21 km/h: 100 euros and one penalty point. From 26 km/h: €150, one penalty point and a one-month driving ban. From 41 km/h: €320, two penalty points and a one-month driving ban. From 51 km/h: €480, two penalty points and a two-month driving ban. On the motorway, the same out-of-built-up-area limits apply, provided a speed limit is in force.
Avoiding a driving ban -- momentary lapse and cases of hardship
A driving ban under Section 25 of the Road Traffic Act (StVG) is not mandatory. Under certain circumstances, the court may choose not to impose a driving ban and instead increase the fine. In Augsburg, we employ two tried-and-tested strategies: demonstrating a momentary lapse of judgement or arguing that the situation would cause undue hardship. Both approaches require well-founded arguments and careful documentation.
A momentary lapse -- a one-off mistake
A momentary lapse occurs when the driver has overlooked the speed limit only briefly and unintentionally, for example because a traffic sign was obscured, the signage was contradictory, or the driver was distracted by a particular traffic situation. The prerequisite is that there is no gross negligence and the offence does not significantly exceed the threshold for a driving ban. In cases of momentary lapse, the court may replace the driving ban with a doubled fine. We document the circumstances at the scene and secure evidence.
Particular hardship — professional and personal reasons
A driving ban may be waived in cases of exceptional hardship if it would disproportionately affect the person concerned. Typical examples include professional drivers who would lose their livelihood, care workers with irregular working hours who have no access to public transport, or self-employed people whose business operations absolutely require a vehicle. The hardship must be specifically outlined and substantiated – general assertions are not sufficient. We prepare the necessary documentation in Augsburg: employer certificates, route analyses and comparable evidence that will convince the court.
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Further information
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This information does not constitute legal advice in individual cases.
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