Driving without a license despite EU driving license?
Our client was accused by the police of driving without a license, even though he had a valid EU driver’s license.
This went so far that our client was forbidden to continue driving and also further driving in general as part of a general traffic control without any basis. However, no written “order” was issued, so that we can only speculate about the background.
The police then reported the information to the driver’s license authority for examination, which then initiated an examination procedure with the foreign authorities. However, nothing happened here for months.
In response to our statement, the criminal proceedings that had been initiated were ultimately discontinued.
In such situations, it must be carefully weighed up whether an invalidation of the driver’s license, for example due to a violation of the so-called “residence principle”, comes into question. This is usually only determined retroactively after information from the issuing state, so that further (proven) driving in the meantime can also constitute driving without a license and thus a criminal offense. A thorough examination and consultation is therefore essential.
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Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV