Driving ban for cell phone violation? Fining authority overshoots the mark
Our client was charged with using a cell phone while driving in Schonungen. The standard fine here is currently €100 and a point is entered in the FAER (driver aptitude register).
However, this did not go far enough for the fine authority. Due to 3 previous registrations she imposed a fine of 200 € and ordered a driving ban of one month.
After the cell phone violation was ultimately not questioned, it was only a matter of the legal consequences. In this case, we were able to convince the Schweinfurt Local Court in written proceedings – and thus without a public court hearing – that only a moderately increased fine of €150 was to be assessed in the decision of August 5, 2022, and that the driving ban was thus waived.
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Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV