Court hearings

If you have received a notice of intended prosecution from the authorities in Germany concerning a driving offence, read here for advice and assistance on what to do next.

Court hearings

Picture: © roli1978 –

Under German law, only the person who was driving a vehicle when a motoring offence was committed can be held responsible. This may not necessarily have been the owner of the vehicle. It therefore, often comes to a court hearing in motoring cases.

If, however, you are the owner of the vehicle and you have received a notice of intended prosecution after allegedly committing a motoring offence, you are not obliged to incriminate yourself or make any statements about the case. In the first instance, you should only return the notice if your personal details are incorrect.

The notice of intended prosecution is designed to inform the people involved in the offence that a court hearing will take place. It also stops the clock on the time limit the authorities have in which to bring a prosecution.

Caution: intentionally incriminating another person who did not commit the offence is illegal. It is punishable under § 164(2) of the German Criminal Code by sentence of up to 5 years or a fine.

Call us on +49 (0) 221 / 951 563 0 hier eingeben for more advice on road traffic law. Our expert team of German lawyers can help you decide what steps to take next.

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Christian Solmecke is a partner at the law firm WILDE BEUGER SOLMECKE. He is the author of numerous legal publications in the area of internet and IT law. He is also an associate lecturer for social media law at the Cologne University of Applied Sciences.

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