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Fine notice (traffic law)


You should keep this in mind when receiving a fine

Through the regulations ofTraffic law safety in road traffic should be guaranteed. The principle of mutual consideration therefore applies. The law regulates a number of offenses that are so-calledtraffic violation represent. If a road user does not adhere to the regulatory requirements, he or she is threatened with a fine for the illegal violation. The most common reasons for the imposition of a penalty include speeding, following distance errors, driving under the influence of alcohol, overtaking when overtaking is prohibited, as well as crossing a red light or using a cell phone while driving. In some cases, the boundaries between an administrative offense, which results in a fine, and a criminal offense are blurred.

What are the consequences of a fine?

If the accused is accused of a criminal offense instead of a traffic offense, this can result in a fine or even imprisonment. While the fine depends, among other things, on the severity of the guilt and the perpetrator's economic circumstances, the fine is determined based on fixed rates. Especially because there is often only a thin line between a traffic violation and a traffic offense, a traffic law lawyer should be the first point of contact even after a fine has been issued.

Fine notice - frequently made mistakes

The recipient of a fine should be punished for the alleged misconduct. This is already a common mistake that the responsible authorities make on a regular basis. The traffic law lawyer therefore first checks whether the fine notice was actually delivered to the right person. This can be problematic, for example, with a speed camera photo. Given the current statute of limitations within which the authorities must have convicted the traffic offender, it may be worthwhile to consult a lawyer. Otherwise you will initially face a fine. The fine is determined using tabular representations. For example, anyone who exceeds the maximum permitted speed in urban areas by up to 10 km/h knows from the outset that they are threatened with a fine of currently €15. However, if the speed limit is between 21 and 25 km/h, you are threatened with a fine of currently €80 and a point in the traffic offenders' register. Seen in this way, a single point is harmless. However, the person concerned must expect that their driving license will be revoked as soon as they have at least eight points in their Flensburg points account. In order to regain his driving license, he usually has to undergo a medical-psychological examination (MPU). This means that the desired driver's license will not automatically be returned to the person concerned. The traffic law lawyer should therefore be consulted at the latest when the responsible authority distributes points. A final and equally drastic penalty in traffic offenses law is the so-called driving ban. Anyone who exceeds the maximum permissible speed outside urban areas by 50 km/h will be sanctioned with a fine, two points in Flensburg and a one-month driving ban. In contrast to the revocation of a driver's license, the period for the driving ban expires automatically so that the person concerned can then have their driver's license returned to them. Of course, it's not just speeding that is punished with fines, points and driving bans. The threat of punishment applies throughout all traffic offenses law, so even using a cell phone while driving can have far-reaching consequences.

How can I defend myself against this?

In most cases, the person affected finds out about the traffic offense by receiving the so-called hearing form. This should give him the opportunity to respond to the allegations. The addressee should always not provide any information, but rather settle the matter through a traffic law lawyer. This has no influence on the process. In particular, no negative conclusions or admissions of guilt may be drawn from the authority's silence. The problem is that the addressee only receives the hearing form. However, he has no access to the files and therefore does not know what incriminating or exculpatory evidence is available. In contrast, the lawyer can inspect the files on his behalf in order to analyze the facts. This is particularly important if an appeal is to be lodged against the fine notice. Anyone who wants to defend themselves against the decision, which makes sense in many cases, must have formulated their objection to the decision within the appeal period.

Objection - deadlines must be adhered to

In general, the deadline is 14 days. It begins on the day of delivery, although legal problems can arise here too. Finally, a letter that has been placed in normal postal circulation can get lost. However, the law stipulates that the letter is considered delivered after three days. The chances of success for an objection should definitely be discussed with a traffic lawyer. Many legal protection insurers cover the costs incurred anyway, so those affected should not only pay for their insurance, but also take advantage of it.

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