If a fine notice is sent due to an administrative offense in road traffic, the recipients are often very annoyed. Ultimately, the document comes with a fine procedure and fines. However, because many notices are contestable, timely objection can be worthwhile for those affected. Notices of fines only become legally binding if no objection is lodged and the statutory deadline has expired. In this article you can read about the requirements to be complied with. You will also receive a sample letter below.
The written objection
The Administrative Offenses Act (OWiG) stipulates that the objection to fines must be received "in writing or to be recorded by the administrative authority". This means that the accused can raise their objection in the following ways:
- Brief
- Fax
- Personal
If the transmission is made in person for the record, it means that the objection is verbally explained to an official on site in the competent administrative authority. The objection is thus dictated and recorded in writing by an official. It is sometimes claimed that the objection will also be accepted by email. However, this form is controversial and should only be chosen if the authority gives an e-mail address for the objection in the notice of the fine.
Content and sample writing
The written objection must include the following File number included because processing takes place via the assignment of this identifier. In addition, the Address of the fine office correctly specified as recipient. Both details are in the notice of the fine. In addition, the current date as well as the name, address and signature of the sender are important components of the letter. The objection can be declared informally with a single sentence.
Sample letters like the following example serve as a guide for writing the objection. It is of course important that all standardized specifications are exchanged for the individual data.
The sample for objection to fines can be downloaded here free of charge:
fussgeldbescheid-einspruch.com
File inspection and justification
If necessary or desired, the recipient of a fine can request inspection of the files in the objection letter. However, it is important to ensure that the the complete files is required. Partial files often only help to a limited extent in assessing a case. A corresponding note should therefore be noted in the letter.
A reason for the objection is not necessary. If this happens at all, a justification should only follow after viewing the complete files. It is advisable to consult a specialist lawyer for traffic law for the evaluation of the files.
The deadline for the appeal
After the fine notice has been served, the accused has two weeks to file an objection. This is what the Administrative Offenses Act stipulates in Section 67, the form and deadline. The period begins as soon as the letter deliverer has posted the letter in the recipient's mailbox or handed it over personally. Successful delivery will be communicated to the authorities.
If the notice of the fine ends up in the accused's mailbox during an absence (e.g. vacation), an application for a so-called Reinstatement in the previous state be submitted. The reason for this application is then the no fault of the objection deadline and must be supplemented with appropriate evidence such as a flight ticket for a vacation trip or bills from accommodation in the respective period.
What follows after the objection
After the objection has been successfully filed, the fines office will check the fines procedure again and clarify whether it is justified. If this is the case, the fine will be revoked or changed - depending on the facts. However, if the objection is rejected, the proceedings can end up in court, which in turn could result in costs for those affected.
If the appeal in court is successful, the proceedings or even the Acquittal. In the latter case, the state bears the costs for the court and the lawyer. However, if those affected are convicted, this can result in harsher penalties and costs. At a terminating the proceeding The court costs and expenses must be paid, but the penalty is waived.
Withdraw objection: An objection can be withdrawn at any time before the court hearing. The originally sent notice of the fine then has legal force, so that the ones requested therein Fines (€) are to be paid. The procedural fees of a minimum of 25 euros are then borne by the accused.
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Maria Holler
Maria Holler - Maria has been contributing her expertise in the area of "Laws & Legal" to tuningblog.eu since 2014. As a lawyer with a passion for the automotive world, she combines her specialist knowledge with her interest in tuning and vehicle adaptations. She ensures that readers are always informed about the latest legal framework. In her free time, she is intensively involved with legal regulations in road traffic, which makes her an indispensable resource for the tuning community.
