Traffic Law Attorney: Fines, Driving Licence and Criminal Law.

From 1.1 per mille, absolute incapacity to drive exists, which is treated as a criminal offence under § 316 StGB regardless of signs of impairment. From 0.3 per mille with alcohol-related impairment, a criminal offence is also present. Between 0.5 and 1.09 per mille without signs of impairment, an administrative offence applies: EUR 500, two points and one month driving ban. The criminal offence is entered in the Federal Central Criminal Register and regularly results in revocation of the driving licence.

Unlawfully leaving the scene of an accident (§ 142 StGB) carries a fine or custodial sentence of up to three years. Two to three points in the driving fitness register are additionally threatened. Since § 142 StGB requires intent, the first question to be examined is whether the accused even perceived the accident. Where there is purely material damage outside moving traffic of up to approximately EUR 1,300 and voluntary reporting within 24 hours, the court may under § 142 para. 4 StGB refrain from imposing a penalty.

The MPU is ordered by the driving licence authority when doubts arise about driving fitness (§§ 11 to 14 FeV), including from 1.6 per mille, for repeat alcohol offences from 0.5 per mille, for drug driving, at eight points in Flensburg and for certain criminal offences. Not every order is lawful. Discretionary scope of the authority or the absence of the statutory requirements can render it contestable.

Under § 4 para. 4 BKatV, the court may waive the driving ban and impose an increased fine where the driving ban would constitute an existential professional hardship. The circumstances of the individual case are examined: dependence on the driving licence, status as a first offender and proximity to the driving ban threshold. There is no entitlement; the decision lies with the court.

Since August 2024, a THC limit of 3.5 nanograms per millilitre of blood serum applies. Exceeding this threshold is an administrative offence: EUR 500, two points and one month driving ban. For a first offence with indications of regular consumption, an MPU can be ordered. If drug-induced impairment is additionally present, criminal liability under § 316 StGB is possible.

With a maximum of five points, one point can be reduced by participating in a driving fitness seminar (§ 4 para. 7 StVG), once within five years. From six points, active reduction is no longer possible. At eight points, the driving licence is revoked. Deletion periods under § 29 StVG: 2.5 years for one-point administrative offences, 5 years for two-point entries and criminal offences without revocation, and 10 years for criminal offences with revocation or an isolated disqualification period.

With Level 2 systems, the driver remains fully responsible. With highly automated Level 3 systems (§§ 1a, 1b StVG), liability can be shared: in the event of technical system failure, claims against the manufacturer under the Product Liability Act or § 823 BGB come into consideration. With fully automated Level 4 systems (§§ 1d ff. StVG), technical supervision under § 1f StVG applies. The keeper's strict liability under § 7 StVG remains. Consolidated case law on this does not yet exist.

The Federal Court of Justice held in 2018 that dashcam recordings may be admissible in civil proceedings despite data protection concerns (Federal Court of Justice, judgment of 15 May 2018, ref. VI ZR 233/17), provided a case-by-case assessment supports this. Individual assessment standards also apply in fine and criminal proceedings. There is no general admissibility or inadmissibility.

Driving without a licence (§ 21 StVG) is punishable by custodial sentence of up to one year or a fine. This also applies to drivers after revocation, during a disqualification period or despite a driving ban. The driving licence does not automatically revive after the disqualification period expires but must be re-applied for. Those who are unaware of this and nonetheless drive commit a further criminal offence.

§ 315d StGB provides for participation in prohibited motor vehicle races a custodial sentence of up to two years or a fine. Where serious physical harm or the death of a person results, the sentencing range increases to up to ten years. Even a spontaneous acceleration duel can fulfil the elements of the offence. Revocation of the driving licence and confiscation of the vehicle under § 315f StGB are additionally threatened.

The same blood alcohol limits apply to e-scooters as to cars, since they are legally classified as motor vehicles. From 0.5 per mille: EUR 500, two points and one month driving ban. From 1.1 per mille: criminal offence under § 316 StGB carrying a fine or custodial sentence of up to one year and revocation of the driving licence.

Legal expenses insurance for traffic law generally covers legal costs for fine proceedings and traffic criminal offences. If a conviction for an intentional act results, insurance cover may lapse retroactively. On request, GLADICA clarifies the coverage commitment directly with the insurer after the mandate is granted.

The initial consultation at GLADICA Rechtsanwälte costs consumers a maximum of EUR 190 plus VAT (§ 34 RVG). In this meeting, the facts, prospects of success and next steps are clarified. Where legal expenses insurance for traffic law exists, the costs are frequently covered by the insurer.

Use is based in several federal states on the police law authorisation norms of the respective state laws. The admissibility of the data collected is frequently not conclusively clarified in law. Lack of approval as a standardised measuring procedure, data protection requirements and the principle of proportionality are typical lines of attack. GLADICA examines in every affected case whether the surveillance measure and evidence gathering were lawful.

In the event of gross negligence or intent, the motor liability insurer may seek recourse against the responsible party after an accident. For alcohol-related accidents, a recourse claim of up to EUR 5,000 is legally possible. This means the insurer pays the injured party but then pursues the responsible party for recourse. A traffic offence therefore triggers not only criminal and driving licence law consequences but also significant civil law risks.