Upon receipt of a fine with a driving ban, it is possible to issue a so-called Pardon deliver. Through this it can driving ban may be bypassed. But when is that even possible? In cases of hardship, it is in principle possible to convert the driving ban into a fine. The current traffic regulations ensure that drivers who exceed the speed limit have to expect high fines and penalties. The reason for this is the tightening of the Catalog of fines. This aggravation unsettles many motorists, whose violation was discovered during a speed measurement or personal check. Most of the time, the driver is hoping for the mercy of the law enforcement officer or the competent authority.
The pardon for the driving ban
What is largely unknown to most motorists, however, is that there is a possibility of showing mercy in view of a driving ban. Because the driving ban can be modified by a petition for clemency. In this case, the driver still has to expect a fine, but not the driving ban. However, certain requirements are necessary for this.
Driving ban as the highest penalty of the legislature
The worst that can happen to the driver is the driving ban. This is the highest punishment the Bußgeldkatalog for a violation of the road traffic regulations. The driving ban is therefore not to be equated with the temporary withdrawal of the driving license. Instead, it is the highest penalty the legislature has provided for the violation. A driving ban is usually the worst thing that can happen to the driver. This severely restricts his personal mobility. That may be bad if the driver is privately dependent on the car. However, it is even worse when the driver is professionally dependent on the driver's license, more precisely his car. In this case, it is no longer an inconvenience. There are existential fears in the room.
In order to escape these fears, the affected driver would usually do everything in his power to circumvent the driving ban. Only in this way would the driver's license remain in possession and it would also be possible to continue to drive the car in the future. The only question that arises is whether this is even possible.
When can a driving ban be waived?
From a purely legal point of view, it is actually possible for the court to refrain from imposing a driving ban. A so-called hardship case must be present for this. In order to be recognized as such, certain requirements must be met. In principle, a case is considered hardship if the punishment would cause excessive harm to the person concerned. In this case, the purpose of the punishment could not be fulfilled. With regard to driving too fast, there are different case constellations in which such a hardship rule could apply.
- The vehicle is absolutely necessary so that a relative who is in need of care can continue to be adequately cared for.
- In order to be able to pursue the professional activity, the vehicle is absolutely necessary for the traffic offender. This ensures that they can earn a living.
- Due to physical limitations, the offender is absolutely dependent on being able to continue to drive the car. For example, for shopping to meet your own needs.
Whether there is a hardship case for the person concerned is always checked on a case-by-case basis. It is up to the respective court to assess whether this is really the case. It is important that the hardship rule is enforced by the offender. The burden of proof lies with the offender. Without any action on the part of the person concerned, the court will not review the driving ban.
What happens if the hardship case is approved?
It must be said in advance that a hardship case does not have to be recognized. It is at the discretion of the court whether this is accepted as a sufficient reason for the suspension of the driving ban. There is no entitlement to it. The decisive factor is that the person concerned is able to face the unreasonable hardship in court plausibel to prove. Economic and professional reasons as well as the existence of life are mostly recognized as arguments for the unreasonable severity of the driving ban. But you have to be able to substantiate the objections. Nevertheless, there are also circumstances under which there is a hardship provision no success will have. The following points represent such obstacles.
- The traffic offender has already repeatedly violated the traffic regulations.
- The violation occurred in connection with alcohol and / or drugs, with the offender driving the vehicle.
- Points have already been entered in the central traffic register in Flensburg.
In addition to these hindrances, the competent court can request an opinion from the employer. In this case, the employer must explain why the driver's license is absolutely necessary to keep the job. In the case of a taxi driver, a truck driver and a driver of an ambulance, the basis should be given. However, no blanket commitment can be made. The individual case decides!
Have there already been successful requests for mercy?
In fact, there have already been cases in which the competent court did not impose a driving ban. For example, it was issued to a self-employed person who ran a vehicle dealer and could not employ a representative. Even a managing director who had to cover a distance of 500 kilometers a day for professional reasons in order to keep his company running, got away with driving. Another example is a self-employed tax advisor who had to perceive foreign clients and was able to assert unreasonable hardship. Such cases give the traffic offender new hope. However, it must be remembered that there is no guarantee of recognition of the hardship that circumvents the imposition of the driving ban.
What happens when the hardship is accepted?
If the court decides that the hardship rule comes into force, the driving ban is not simply issued. Instead, the sentence is commuted. Instead, double or triple the fine is due. The reason for this is that the court cannot fully waive the penalty under traffic law. Because a penalty ultimately serves to induce the offender to show positive behavior in road traffic in the future.
Apply for hardship regulation single-handedly?
It is extremely difficult for the legal layman to provide the necessary burden of proof. Theoretically, however, there is a road traffic case in court no duty to be represented by a lawyer. Nevertheless, this representation is strongly recommended. Because without a lawyer, there is hardly any possibility of getting through the hardship regulation. However, much is at stake in imposing a driving ban. Partly it is about economic existence. Therefore, no unnecessary risk should be taken, but rely on the expertise of a lawyer.
The specialist lawyer for traffic law will explain the individual situation of the traffic offender in connection with the driving ban at the court hearing. Of course, the judge who decides on the judgment also gives the offender the right to be heard legally. Nevertheless, the chance of a positive decision usually increases if a specialist lawyer represents the offender. The primary argument of most judges is that the traffic offender should have withheld the consequences of his actions as well as the threatened consequences. A layperson can hardly refute this argument in the grounds of the judgment. A specialist lawyer, on the other hand, has sufficient experience to find the necessary counter-arguments here.
Since the probability is so much higher that the hardship case will be recognized, it is definitely worth calling in a lawyer. Because the traffic offender can trust that he will help in the procedure as far as he can. Of course, even with a lawyer, there is no guarantee that the proceedings will lead to the offender. In any case, the chances increase!
Of course that had not been the case.
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