New fine catalog: Avoid driving bans – a lawyer advises this

New fine catalog

This is how drivers defend themselves against Scheuer’s driving bits hammer

New fine catalog: Avoid driving bans - a lawyer advises this-fine
ADAC Since April 2020, drivers have been more likely to be driving bans

  • Site expert Michael Winter

Traffic rules are there to be adhered to. However, many drivers go too far that the new fine of driving is now much faster with driving bans. What can you do if it has caught you?

Our legislature was of the opinion that too fast road users were obviously not to be tamed by fines alone and therefore a few days ago the limits from which a driving ban threatens.In urban areas, speed excretion of 21 km/h (minus all tolerances) is already sufficient for this – one of 26 km/h (also minus all tolerances)).

What is actually "tolerance"?

At this point I point out that usually at speeds up to 100 km/h 3 km/h tolerance, at speeds over 100 km/h it is 3% of the measured speed (example: measured speed 160 km/h – 3 % from this = 4.8 km/h, results in a deduction of 5 km/h).

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But now to the driving ban: Lawyers refer to the driving ban as a so -called "side penalty". It is usually imposed for a period of 1-3 months (in criminal law even for a period of 6 months).

Important note: 1 month does not correspond to 4 weeks!

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New fine catalog: Avoid driving bans - a lawyer advises this-fine

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So if you serve and believe a driving ban after just 4 weeks (exception: the driving ban is outside of a leap year on 1. February) to be able to drive again, commits a crime for the period of 2 or 3 days (namely driving without a license), which is punished with a fine and withdrawal of the driver’s license over a longer period of time (10-12 months are not unusual). Anyone who serves a driving ban must not even move a moped (in contrast to the withdrawal of the driver’s license)!

About the expert

Attorney Michael Winter studied Jura in Tubingen and has been working in traffic law since 1989. As a lecturer at the Baden-Wurttemberg University of Applied Sciences, his experience also conveys in the scientific field. The company “WHW Seminar & Service” he founded has been training a four -digit number of road users under the company motto since 2001 through interactive seminars: “Knowledge helps” in the areas of “traffic safety and traffic law”. Since the beginning of the diesel scandals, Winter has also been complaining to several German automobile manufacturers together with its cooperation partners, including Volkswagen.Click here for the site expert world

Driving bans at "gross breach of duty"

The legislator has standardized the driving ban for particularly serious traffic violations – this includes speed overruns as well as violations of distance rules or the transfer of a red traffic light in certain cases. In objective and subjective terms, a “gross obligation.These define lawyers as follows: A gross obligation to duty lies in a behavior that is objectively of special weight, Since it always forms the cause of serious accidents and in the subjective area on a particularly rough recklessness, gross negligence or indifference – that is, a special irresponsibility is and is particularly reprehensible.

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The cases of a driving ban specified in the office catalog are subject to a so-called "regular exceptional ratio". For them, the gross must be accepted as given as a given – the driving ban is the rule, but there is exceptions from.

In individual cases it can also be decided in favor of the driver

Now also something positive: According to the case law of the Oberlandesiche, ยง 25 I 1 StVG should form the sole legal basis for the arrangement of driving bans – thank God, thank God it is a so -called "opposing presumption".This means nothing else than that, even if you have forfeited a driving ban after the catalog of fines, Due to the special circumstances of the individual case The presumption and indication effect for a gross breach of duty may be able to invalidate. If a perpetrator did not act particularly irresponsibly for once or has not created the necessary degree of a so -called "danger", these arguments can be made against a driving ban.The frequently mentioned argument that only a minor exceeding of the km/h limit valid for a driving ban (27 km/h outside) is definitely not sufficient.

"Moment failure" can speak against driving ban

It would lead too far to defend all the possibilities to defend yourself against a driving ban in the context of this column – but it is not to be said: In the event of a so -called "momentary failure", for example, the BGH rejected the arrangement of a driving ban if one that overlooked the speed of the speed as a result of slight negligence (just that momentary failure). According to our highest judges, the subjective element of the great duty.

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However, there is also the possibility to argue from a “other side” against a driving ban. Such should always be one "Memorial and reflection measure" be. So if a milder means is available to achieve this purpose in the same way, after appealing against a fine of a fine, the district judge dealt with the matter must check whether (if necessary in connection with the existence of certain circumstances)) The same purpose that a driving ban fulfills, for example can also be achieved by a higher fine.

Significant hardships can justify exceptions

According to the prevailing opinion, a driving ban can also be waived if it means "considerable hardships" for a affected person or a variety of ordinary or average circumstances come together for it. Here the defense is required and obliged to present accordingly after receiving all information for the person concerned.

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What reasons in individual cases against A foresight of driving a driving ban and whether a risk of existence or even annihilation is associated with the ban on driving must be worked out meticulously and proven – this may be a court and (for example against the already mentioned increase in the fines) from the imposition of a driving ban.Sometimes the time passage also helps. If there is 24 months or more between the crime and the judgment, it is predominantly to assume that a driving ban can no longer meet a "memo function".

Trucks continue to drive despite a ban on cars?

By the way, what many do not know: certain driving license classes can be excluded from a driving ban. For example, if you collect a driving ban with the motorcycle, but are dependent on your professional exercise (for example as a truck driver) existential on your driver’s license, you can definitely try to get a restriction of the driving ban to classes "A, A1". Usually the fine is increased.Unfortunately, at this point, the place is also not sufficient to list the extensive case law to refrain from the driving ban in the professional or private sector in recent years. In general, it is worth checking – if you do not take the foot from the gas – whether and how to escape both the driving ban (and possibly overall of a conviction) in a fine procedure – the following procedure is recommended for this.

Checklist driving ban – this is how you should proceed

1. The state must prove that the vehicle was led. If he does not succeed, there can be no conviction – but there may be a driving book edition on the part of the registration office.2. Please do not take a speed measurement as a "god-given", but have it checked by experienced defenders and experts. Sometimes there are measurement errors (or also the participation of private companies in the measurement or evaluation) that lead to the measurement must not be used. 3. If all rope tear, at least you should pull all the stops to avoid the driving ban; Even if it succeeds, points are entered in Flensburg.

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14 thoughts on “New fine catalog: Avoid driving bans – a lawyer advises this”

  1. The car manufacturers are to blame!
    According to a survey by the Car Institute at the University of Duisburg-Essen, the new cars had … According to a survey by the Car Institute at the University of Duisburg-Essen, the newly approved cars had average (!) 158 hp under the hood. Well, when we are stuck in the traffic jam, we just need them. And if we drive the kids to the daycare center. And from 300 hp viagra is rarely necessary! Irony off.

  2. Speed limit
    Only with a general ban on overtaking for trucks……………………………………………………………………….

  3. Also a kind of replacement toll
    Well, someone has to bring in the hundreds of millions of euros that the Chaot has blamed in the office of Minister of Transport at the expense of taxpayers.

  4. Defend
    I defend myself against driving ban. I stick to the speed control. I am a frequent driver, on many foreign routes, and it works. Is easy.

  5. Tightening does not do justice due to the number of accidents
    It is always argued for these rules and compliance, but under this guise coat our liberal Germany is increasingly regulated and subsequently intolerant, because those that adhere to the rules are increasingly denouncing others. This becomes quite clear in the comments. We are also increasingly noticeable in the corona crisis, in which neighbors show each other. The result is greater aggression potential, both for the regular owners and the rule breakers. I preferred our liberal Germany to this regulatory rage.

  6. Oh my god
    it is really that difficult? The solution is very simple. Stick to the speed limits and the drops are sucked! That is also easy. Everyone has such a thing in their car that shows the speed. Now only compare the number on the sign with that on the speedometer. If these are the same, everything is good and the rag is safe. Well, it’s not that difficult, or?

  7. Lord Vogel … It would be nonsense if it wasn’t true
    I drive approx. 70-80.000 km per year … for 20 years. I am one of the calm, forward -looking drivers. Nevertheless, I am flashed from time to time. Usually on the main road and simply because I did not notice the speed limit… ergo no nonsense. Pendler drive i.D.R. The same or similar route every day. Something like that doesn’t happen.

  8. Why actually…
    …always the drivers? I am annoyed by cyclists every day which believe the STVO is only valid for car. If you want to be the same, you should have the same consequences to endure.

  9. Very simple bill!
    In the event of a danger braking, the stopping route, not braking distance, is 27.5 meters from 50km/h! This increases to 45.5 meters at 70 km/h! The driver’s license is going on at measured 74km/h, 71km/h plus 3km/h measurement tolerance! So at 74km/h you can still take approx. 23 meters back, while at 50km/h you are already standing. These 23 meters decide z.B. About whether a child who suddenly runs on the street continues to live or is dead! Anyone who whines today would talk differently if they are doing this through such a speed violation z.B. Loses a child!

  10. Mr. Sobotka!
    You probably don’t understand it! If you drive through the village at over 75km/h, run over a cyclist, even though he even took your right of way, you are also with it! Every expert will prove that you would have come to a standstill if you had adhered to the 50! With pseudo games they didn’t break here!

  11. Two possibilities
    You adapt your driving style to the circumstances, or in 2021 you choose another party that stands for democracy and referendum.

  12. Which should that be
    The AfD is certainly not meant here, so I’m sure ………………………………

  13. It
    It is time that we introduce the catalog of fines from the Nordic countries, I can no longer understand the whining in our punishments.

  14. Catalog of fines
    This rumjamer because of the new catalog of fine is purely impossible and the way it is still too low that get upset about it from the AutoClub you could think this man always drives too quickly and does what he likes right now not in the city and only where it is appropriate


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