There are many driving offences under German law with varying punishments attached to their breaching.
For example, one cannot drive under the influence of drugs. Should a person be caught with marijuana in their system, they may also face prosecution and a driving ban.
Otherwise, running a red light (depending on the circumstances) can also result in fines, a driving ban, and penalty points, as can violations on autobahns (motorways) and around railroad crossings. Using a mobile phone while driving can also result in penalty points and fines.
Furthermore, speeding violations come with potential sanctions. Depending on the excess speed travelled and the nature of the driving, one can face small fines of around €15 up to more severe penalties of €500 or more and driving bans.
Penalty points are one of how driving offences are regulated. In German, they are referred to as “Punkte in Flensburg” (points in Flensburg).
A driver can receive a maximum of three points for a single incident. Should a person have between one and three points on their licence, they are still in the “green zone” and not in danger of losing their licence. They will reduce the number of points on their licence at a rate of one point every two and a half years for administrative offences.
However, this reduced rate will be significantly increased should the person have received their points for criminal offences.
In contrast, where a person has four points or over, they will be considered in the “danger zone”. The danger, in this case, is that they may lose their licence, which occurs once they reach eight penalty points. Should a person reach eight penalty points, they will face a minimum of six months off the road and have to prove that they are fit to drive by undertaking tests to demonstrate this.
Drivers are in the “danger zone” of between four and seven points issues such as written warnings and driving fitness seminars also play a role.
The lawyers at Schlun & Elseven Rechtsanwälte advise our clients on all matters of driving offences in Germany. If you require professional legal assistance, please do not hesitate to contact us directly.