Fees, deadlines, objections etc. against the notice of fine!

Recently updated on September 25, 2020 at 01:38 am

The very fact that you have a type approval or ABE not performing after tuning while driving on public roads can result in a fine if you are checked. If the entire vehicle is used in road traffic without a valid operating license, a fine of at least 50 euros can be imposed. If the environment is adversely affected while driving without the required operating license, the fine will be increased to 90 euros.

What is a fine notice?

A notice of fine in road traffic law leads to a fine, often to points in Flensburg or even to one driving ban. For this purpose, the administrative authority sends a corresponding notice stating that the addressee is being prosecuted for an administrative offense that he has committed. The decision of the authority is already part of the fine proceedings. The administrative offense is recorded, for example by a police check. Objections to the accusation can then be put forward in the hearing form received by the addressee. In addition, the person concerned can appeal against the decision on the fine objection insert within the set period. The authority either approves the objection or it is forwarded to the public prosecutor. Here, the facts are examined further and forwarded to the responsible district court. Either the proceedings are then stopped or the court imposes a fine, or points in Flensburg or a driving ban.

When does a penalty notice expire?

The limitation period for a notice of fine due to an administrative offense expires after three months. If the notification is not delivered within the time limit, the matter is settled, unless the limitation period has expired interrupted. This is the case as soon as a hearing sheet has been sent, the person concerned has been questioned, a main hearing has been scheduled, or the file has been forwarded to the court or the public prosecutor.

What happens if the fine is not paid?

If the notice of fine has not been paid within the payment period of 2 weeks, the person concerned will first receive a reminder. Only after this is an enforcement order issued, which can be enforced, if necessary also by coercive detention. With regard to enforcement, there is also a statute of limitations, which is three years for fines, unless the fine is over 1.000 euros. Then the limitation period for enforcement is five years.

How long is the opposition period?

The time limit for lodging an objection against a fine notice is 2 weeks from the day of delivery, which is noted on the notice. If you want to appeal the fine, you should act immediately. This is because the notification is usually sent by means of a delivery certificate. The delivered date determines the beginning of the limitation period. You can file an objection yourself or a lawyer. A lawyer can also check whether, for example, there is an error in the fine notice. This is very common. There can always be formal errors that a lawyer immediately recognizes. This can be errors in addresses, labels or other information. A notification must always include instruction on legal remedies. If a fine notice contains an error, it is worthwhile to do so. An appeal is usually successful and the decision must then be revoked.

Conclusion on the fine notice!

A penalty notice should not be ignored. If there are reasons that speak against the decision to impose a fine, an appeal should be made against it. There is an opposition period for this, which is 2 weeks. Anyone who completely ignores his or her penalty notice, does nothing and does not pay it, ultimately runs the risk of foreclosure, which can also result in coercive detention. Many notices of fines contain legal errors, which is why it is often worthwhile to file an objection.

The most important information summarized:

• Notices of fines can result in high fines, points in Flensburg or a driving ban
• The administrative authority often uses a notification if the addressee has committed an administrative offense
• Notification is usually part of a fine procedure
• Administrative offenses, as a rule, often do not end up in court in relation to criminal offenses
• Before the decision on the fine is given, you will receive a questionnaire so that you can first comment on the facts in the form of a written hearing
  - If his information is correct, you are obliged to return the hearing sheet with the personal data
• Driver liability applies in Germany
• Fine proceedings consist of several steps
  - Registration of the violation of the road traffic regulations
  - Sending of the hearing sheet and, if necessary, a witness questionnaire
  - Sending the fine
• Fines notice contains information about the person and the offense committed and evidence such as "speed camera photos"
• Fine notice informs you when it will take legal effect (normally 14 days after delivery)
• After delivery, the recipient has 14 days to object to the decision
• Costs depend on the administrative offense
• An objection to an error-free decision on fines can also be worthwhile and, for example, can lead to a reduction in the amount of a driving ban, a reduction in the fine or the points to be paid
• Limitation periods differ depending on the offense (speed camera, distance, Drying, Alcohol trip of 1,1 per mille or more etc.)
• The document of service contains the date of delivery of the notice of fine
• Notices of fines from abroad based on the EU enforcement agreement and the EU directive on “Facilitating the cross-border exchange of information on road traffic-related offenses”Can be collected through a German authority
  - Enforcement of a fine due to an administrative offense outside the EU is almost never carried out

Fines - are the authorities always right?

If a notice of fines comes in, high costs are almost always included. They not only include the actual sanctions in accordance with the catalog of fines, but also the fees for the administrative fine. We are of the opinion that the notification should not always be paid immediately. Authorities can make mistakes! In the event of an objection, there is no guarantee that the accused will be in a better position afterwards, but the chance is definitely there. But there is also the possibility that even tougher sanctions will be imposed on you if you re-examine the crime. In the end, only a lawyer who can assess the risk for you will help. PS: Do you know the strangest road traffic fines in this country and abroad? We have summarized them:

Of course that had not been the case.

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