Illegal Street Racing in Germany

Illegal street racing in Germany is defined as participating in unauthorised motor vehicle races on public roads. This activity is strictly prohibited and can lead to severe legal consequences, including fines, driving bans, and imprisonment. The legal framework in Germany is stringent, aiming to maintain road safety and prevent reckless driving behaviours that endanger public safety. Street racing encompasses not only organised events but also spontaneous and impromptu races, often identified by law enforcement through patterns of speeding, dangerous driving, and the presence of multiple vehicles engaging in competitive behaviour.

Due to increased reporting of and public concern about illegal street racing in Germany, stricter laws have been implemented to combat it in different forms. This development has seen actions relating to illegal street racing be classified as criminal law rather than administrative offences. § 315d StGB (German Criminal Code) demonstrates how criminal law provisions exist for various violations connected to street racing.

These offences include:

• Participating in and organising an illegal street race,
• Endangering the life or serious injury of another person (intentionally or negligently),
• Endangering the property of significant value belonging to another person,
• Causing another person’s death or severe damage to another person’s health,
• Causing damage to the health of a large number of people.

Those found guilty of these offences will face sanctions consisting of prison sentences or significant fines and the prospect of losing their driving licence. The prison sentence linked to the crime will depend on the nature of the offence, with offence (4) above carrying a prison sentence of up to 10 years. The prison sentences for other crimes can range from two to five years based on the facts of the case. For first-time offenders participating in illegal street races, fines and a driving licence revocation of 9 to 12 months are not unusual.

Engaging in illegal street racing can result in serious legal penalties designed to deter this dangerous activity. These consequences include:

• Fines: Participants can face significant financial penalties. The amount of the fine varies depending on the severity of the offence and whether it resulted in property damage or personal injury. Fines are intended to serve as a substantial financial deterrent against future violations.
• License Suspension: Your driving privileges may be suspended or revoked. A suspension can last from several months to multiple years, significantly impacting your ability to drive legally within Germany and potentially affecting your driving status in other countries.
• Imprisonment: In severe cases, offenders may face imprisonment. The length of the prison sentence depends on factors such as the race’s organisation, the level of danger posed to the public, and any resulting injuries or fatalities. Imprisonment serves as both a punishment and a deterrent to others considering engaging in similar activities.
• Vehicle Confiscation: Authorities may seize vehicles used in illegal street racing. Confiscation is a common penalty that removes the immediate tool used in the offence and serves as a strong deterrent by imposing a significant financial loss on the offender.
• Additional Penalties: Offenders might also face other penalties such as community service, mandatory participation in traffic safety courses, and long-term probation. These measures aim to rehabilitate the offender and prevent future violations.

Understanding the severity of these consequences highlights the importance of seeking expert legal representation if you are accused of illegal street racing in Germany. Navigating the legal process requires a thorough understanding of German law and a strategic approach to building a strong defense.

If you find yourself facing charges for illegal street racing, it is crucial to act swiftly and secure professional legal assistance. At Schlun & Elseven Rechtsanwälte, we are committed to providing you with the guidance and representation needed during these challenging circumstances.

§ 315d StGB provides the following as a definition for what is considered a race:

“Whoever, in road traffic,

• organises or conducts an unauthorised motor vehicle race,
• participates as a motor vehicle driver in an unauthorised motor vehicle race or
• moves with inappropriate speed as the driver of a motor vehicle and in gross violation of road traffic regulations and carelessly in order to achieve maximum speed.”

The offence covers our classical view of a race whereby two or more participants aim to reach a defined point in the shortest time. Racing with multiple cars is viewed as:

• One drives a long distance against another driver or
• A “sprint race” whereby the drivers race each other over a short distance, for example, from traffic light to traffic light.

Such a race does not need to be “officially” organised between the parties in advance, and it does not need to start at the same time or from the same point. Organising such an event may involve bringing the participants to the area (marshalling), timekeeping, providing a starting signal, and marking the finish line.

However, it is also possible for drivers to be found liable for illegal street racing in the event of “solo racing”. According to the law, Solo racers are those drivers who drive at an inappropriate speed, in gross violation of traffic regulations, and recklessly to reach the highest possible speed. German law does not define the specific speeds involved with the offence. However, inappropriate speed is generally held to be a speed that does not correspond to the road conditions, visibility and weather conditions. Of course, breaking the speed limit is a good indicator, but it may not be enough if the vehicle is still safely controlled. This view indicates that individual factors based on the driver’s abilities are considered essential.

From an objective perspective, the driver must have driven in a manner considered to be a gross violation of traffic rules. The following offences can show breaching traffic regulations: driving significantly over the speed limit, overtaking other vehicles by passing on the right, running a red traffic light, approaching a pedestrian crossing too quickly, and overtaking on a blind bend.

From a subjective view, the driver must have acted recklessly or negligently, disregarding their responsibilities towards other road users. However, as one of the legal requirements is the intention “to achieve maximum speed”, this makes it difficult for accusers to prove in practice. There is some confusion concerning the definition of “maximum speed” as to whether it is based on the vehicle present and its specific limits or the weather conditions, etc., present in that particular situation.

Often the accusation of an illegal street race is from police officer reports, other road users or pedestrians witnessing the event. The street itself can also be examined, and the tyre marks evaluated. However, even races on deserted roads without footpaths can be considered “abstract endangerment offences”.

There are also technical methods by which an illegal street race can be determined. Such methods include:

• Dash cams in emergency vehicles,
• Video surveillance at or in houses at the scene of the crime,
• Video surveillance at intersections on the race track,
• Messages between the accused showing there was an agreement to race,
• The dash cam in the offender’s vehicle.

Only through working with an experienced German criminal defense lawyer can the evidence properly be evaluated and determined whether it is sufficient for the crime in question. Our lawyers will examine the credibility of witness statements, determine whether they could have made accurate accounts of what happened and evaluate whether their speed estimate is sufficient for the standards needed. For more technical evidence, our team will determine whether the video recordings have the quality required to provide reliable information from which solid conclusions can be drawn.

At Schlun & Elseven Rechtsanwälte, we begin with an initial legal consultation to understand the specifics of your case. This session allows us to assess your situation thoroughly and provide you with an overview of your legal options, ensuring you are fully informed from the start. Our team employs a variety of defense strategies tailored to the unique aspects of your case. These strategies include challenging the validity of evidence and identifying any procedural errors that may have occurred. We also negotiate plea deals to potentially reduce penalties and represent you in court to advocate for your rights and ensure the best possible outcome.

We recognise that facing a foreign legal system can be daunting, particularly when language barriers are involved. To address this, our team provides comprehensive language support, ensuring you fully understand your legal standing and options. We offer our services in English to cater to our international clientele, making sure you receive clear and effective communication throughout the legal process. At Schlun & Elseven Rechtsanwälte, your needs and concerns are our top priority. We work diligently to achieve the best possible outcome for you, maintaining a client-centred approach that ensures you receive the attention and dedication you deserve throughout the legal process.