Driving ban │ We can help you keep your driving licence

We can help you avoid a driving ban!

A driving ban is a prohibition on operating a vehicle on the road. It can apply to a specific type of vehicle or to all vehicles.

driving ban

Picture: © photocrew – Fotolia.com

A driver who continually shows disregard for the rules of the road or commits gross misconduct can face a driving ban in accordance with § 25 of the German Road Traffic Act.

The German Catalogue of Motoring Offences prescribes driving bans for severe infringements of Germany’s road traffic law. Severe infringements include exceeding the speed limit by an excessive amount, running a red light or tailgating on the motorway. A driving ban can also be imposed if a driver commits a series of traffic offences.

The purpose of a driving ban is to demonstrate to a driver that their actions endangered other road users and will not be tolerated. A driving ban is designed to teach a driver to exercise better discipline in the future.

Avoiding a driving ban

The driving bans which are linked to specific traffic offences listed in Germany’s Catalogue of Motoring Offences must not necessarily be imposed in every case.

Where the accused lodges a formal appeal against the fixed penalty notice, the courts are not bound by the examples given in the Catalogue of Motoring Fines. Instead, the courts have discretion as to whether to order a driving ban after considering all the objective and subjective facts of the case.

If a driving ban would severely affect the defendant’s life, for example if they would be at risk of losing their job, the courts may choose not to impose a driving ban and may increase the fine instead.

Accordingly, the case law confirms that there are various ways of avoiding a driving ban.

Delaying a driving ban

Under § 25(2) of the German Road Traffic Act, a person who receives a driving ban after being convicted of a motoring offence can choose when the ban should commence.

For first-time offenders or drivers who have not been banned from driving in the previous two years, a driving ban comes into effect 4 months after the date on which the decision became legally binding. The convicted driver can therefore choose when to relinquish their driving licence within this timeframe.

Legal advice

Call our team of German lawyers on +49 (0) 221 / 951 563 0 for advice on road traffic offences. Together we can go through the options for defending your case and advise on how to avoid a driving ban.

If is too late and you have already been banned from driving, we can work out when it would be best for you to hand in your driving licence. Together we can ensure that the authorities consider your needs.

Back to Road Traffic Law

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.

Do you like this article? Feel free to rate it now:

1 Stern2 Sterne3 Sterne4 Sterne5 Sterne (3 Ratings, Average: 5.00 of 5)