Ran a red light, speeding, or parked in a no-stopping zone—and a penalty notice is already in your mailbox. The state makes great efforts to prosecute such violations. That is why it usually does not take long for a penalty notice to reach the driver. But what happens if the notice takes longer than usual to arrive?
It happens time and again that administrative fine proceedings remain with the authorities for longer and are processed only after months or even years. But do those affected still have to pay the penalty notice after such a long time? Learn more about penalty notices and limitation periods in our article.
Regulatory offences are, in a sense, violations that are not “serious” enough to constitute a criminal offence. However, sanctions such as driving bans or high fines can affect the accused just as severely as some penalties imposed for criminal offences. Our experienced attorneys can help you challenge a penalty notice. Please feel free to contact us for an initial consultation.
What does a limitation period mean?
A limitation period generally means that a legally disapproved act from the past can no longer be prosecuted by the authorities.
The reason for this is anchored in our constitution, the Basic Law. The background to limitation rules is that everyone in Germany should be entitled to a certain degree of legal certainty and legal peace. No one should have to fear forever being held accountable for an act they committed. After a certain point, everyone should have the right to live in peace without having to fear prosecution for an offence committed long ago.
This generally applies to all areas of law, even though the limitation periods may differ. Depending on the area of law, the limitation period is usually several years or decades. An exception with regard to limitation periods is the criminal offence of murder. Such an offence can always be prosecuted; there is no limitation period here.
You can learn more about limitation periods for criminal offences in our article on the limitation period for theft.
Can a fine become time-barred?
But what about penalty notices—can a limitation period apply here? A justified question, as it happens again and again that penalty notices are served only after several months, and in rare cases even after years. Most people then ask: Do I still have to pay the fine?
In the case of regulatory offences for which a fine is imposed, these are essentially “lesser criminal offences”. They are violations of applicable law that are not so serious as to constitute a criminal offence, but which the state nevertheless considers objectionable. That is why “only” a penalty notice is issued here.
Because this is a state sanction, a regulatory offence is also subject to certain limitation periods, after which it may no longer be prosecuted. In this case, the limitation period is not several years, but for traffic-related regulatory offences it is generally only 3 months (Section 26(3) StVG).
If you do not receive a penalty notice within 3 months of the relevant act, the regulatory offence is generally time-barred. This also applies to other sanctions in addition to a fine (such as points in Flensburg or revocation of your driving licence). The period begins to run on the day the regulatory offence is committed.
Important: This applies only if no penalty notice has actually been issued. If you simply did not take note of the penalty notice because you were travelling or in hospital, this is irrelevant for the limitation period.
When is the limitation period interrupted?
The limitation period for regulatory offences can also be interrupted. This usually happens when a hearing form is served.
Especially in the case of road traffic violations under the StVO, those affected receive a so-called hearing form so that they can comment on the matter.
If those affected receive a hearing form, the 3-month limitation period starts again from the day it is received, from the beginning. If the authority then does not act, the regulatory offence becomes time-barred—unless the period is interrupted again for other reasons.
You have received a time-barred penalty notice—what should you do?
If you have received a time-barred penalty notice, you should under no circumstances pay it without first consulting an attorney. Even if you are unsure whether a limitation period actually applies, you should not pay the amount prematurely. Contact an experienced criminal defence lawyer to check for you whether the matter is time-barred.
If a limitation period applies, they can also help by drafting a letter on your behalf in which you reject the penalty notice and the sanctions due to the limitation period. This is important so that the authority knows that you are aware of the limitation period and are not willing to pay the amount or accept other sanctions.
It happens often enough that authorities send out time-barred penalty notices, perhaps also in the hope that this will go unnoticed.
You can find out more in our article on filing an objection to a penalty notice.
How to challenge a penalty notice
Even if no limitation period applies, it may be worthwhile to involve an experienced criminal defence lawyer. This can be particularly worthwhile where more severe sanctions than a mere fine are at stake (such as a driving ban).
Especially commuters or professional drivers can hardly afford a driving ban. In such cases, it may be possible in some instances to avoid a driving ban in exchange for an increased fine. Formal errors in a penalty notice can also render it invalid, meaning it does not have to be paid. An attorney can also review this for you and advise you on your options.
As experienced criminal defence lawyers, we have already been able to achieve early discontinuation of proceedings, a reduction in sentence or an acquittal for many clients. We will be pleased to support you legally in the event of an allegation and provide comprehensive advice on a possible defence strategy. Arrange an initial consultation with us at any time.
