Lawyer driving ban Munich

IN THE EVENT OF AN IMMINENT DRIVING BAN

Legal advice from a lawyer

WHAT ARE DRIVING BANS FOR?

---

In Germany, driving bans can be imposed for various reasons. The most common reasons are offences against the Road Traffic Regulations (StVO) or the Road Traffic Act (StVG), but there are also other cases in which a driving ban can be imposed. Here are the main reasons that can lead to a driving ban:

Speeding

Within built-up areas: As a rule, you may be banned from driving if you exceed 31 km/h or more.

Outside built-up areas: A driving ban is imposed if you are travelling 41 km/h or more above the permitted speed.

Repeat offences: A driving ban can also be imposed if someone speeds more than 26 km/h twice within a year.

Alcohol and drugs at the wheel

Alcohol consumption: Drivers with a blood alcohol concentration (BAC) of 0.5 per mille and above may be banned from driving. Repeat offenders or drivers who are caught with a higher blood alcohol level (1.1 per mille or more) can expect a longer driving ban or even the withdrawal of their driving licence.

Drug use: Anyone who drives a vehicle under the influence of drugs also risks a driving ban or withdrawal of their driving licence.

Points in Flensburg (driving aptitude register)

Anyone who collects too many points in the driving aptitude register in Flensburg (8 points or more) must expect to have their driving licence revoked and a driving ban. Frequent offences against traffic regulations that result in points can therefore lead to a driving ban.

Endangering road traffic

Dangerous behaviour in road traffic, such as risky overtaking, disregarding priority rules, driving through red lights (especially if red for more than 1 second) or driving against the direction of travel on the motorway (‘wrong-way driver’), can also lead to a driving ban.

Negligent bodily injury or death in road traffic

If negligent behaviour (e.g. inattentive driving or disregarding traffic regulations) causes an accident resulting in personal injury or death, a court can impose a driving ban.

Failure to maintain a safe distance

If the prescribed safety distance is not maintained, particularly at high speeds, a driving ban may also be imposed, especially if the distance is significantly less than the prescribed distance.

Mobile phone at the wheel

If you use a mobile phone or other electronic device while driving and are caught doing so, you may receive a driving ban as well as a fine, especially if this leads to a specific danger on the road.

Driving ban by the court

Driving bans can also be imposed as part of a criminal conviction, e.g. for repeated offences, street racing, coercion in road traffic, or in connection with other offences that have nothing to do with road traffic but call into question fitness to drive (e.g. serious offences).

Traffic restrictions due to environmental zones

In certain environmental zones, e.g. in large cities, vehicles may only drive with a corresponding environmental badge. Violations of these regulations can result in driving bans.

AVERTING A DRIVING BAN

---

A driving ban can be averted or mitigated under certain circumstances, depending on the type of offence, the legal situation and the personal circumstances of the person concerned. One of the most common options is to appeal against the fine notice. If you are of the opinion that the fine notice is incorrect - be it due to incorrect measurement, unclear evidence or driver confusion - you can lodge an objection within 14 days. This appeal often leads to the case being reviewed in court. In some cases, the driving ban is cancelled after a new review or the proceedings are discontinued.

Another approach is the so-called hardship application. If the driving ban poses an existential threat, for example because someone is dependent on driving for work, a case of hardship can be made. In this case, it must be demonstrated that the driving ban would have disproportionate negative effects, for example for professional drivers or sales representatives. A case of hardship can often lead to the driving ban being converted into a higher fine, especially if the driving ban is not mandatory but is at the discretion of the court or the authority.

It is also possible to have the driving ban converted directly into a higher fine, especially in the case of first-time offenders or offences that are just above the driving ban limit. In these cases, the court can cancel the driving ban but impose a significantly higher fine. This option is particularly successful in the case of offences for which the driving ban is not mandatory, such as speeding or minor distance violations.

Another way to avoid the threat of a driving ban is to reduce your points. If you have accumulated a lot of points in Flensburg, you can reduce one point by attending a driving fitness seminar. This could help to reduce the number of points to below the critical limit and avoid a driving ban.

Sometimes a driving ban can also be postponed. In the case of driving bans of up to one month, the person concerned usually has the option of starting the driving ban within four months of it becoming legally binding. This means that the driving ban can be postponed to a time when it is less problematic, for example during a holiday or a period without work-related driving. However, this option is not usually available for longer driving bans.

Under certain circumstances, an application for an exemption can also be made. If the driving ban is unreasonable for medical or compelling personal reasons, exceptions can be made. However, strong reasons must be proven here.

Sometimes traffic psychology counselling can also be helpful, especially for repeat offenders. Participation in a seminar or certification of efforts to improve traffic behaviour can have a positive effect on the decision on the driving ban.

In practically all cases, it is advisable to instruct an experienced lawyer specialising in traffic law. This lawyer can review the fine notice, inspect measurement logs and, if necessary, uncover procedural errors. A driving ban lawyer can also better assess which arguments can be used to mitigate the driving ban and what the chances of success of an appeal or hardship application are.