Anyone who has ever driven too fast or run a red light knows the scenario. There is a flash while you are driving, and a few weeks later a
fine notice arrives in the mailbox. Usually, these involve insignificant sums of a monetary penalty demanded from the driver. But what if the amounts are significantly higher or other legal consequences are imminent? In such cases, an objection to the fine notice may be advisable. However, an objection can also be filed if the notice contains errors or is completely inaccurate. We will show you when an objection is possible and advisable.
Have you been accused of a road traffic offence? As experienced criminal defence lawyers, we have already achieved 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 advise you comprehensively on a possible defence strategy.
When Do You Receive a Fine Notice?
A fine notice is generally issued when you are charged with an administrative offense. These are primarily traffic violations. It is therefore a sanction for misconduct. However, this is not as serious as a criminal offense and is therefore only punished as an administrative offense. If there is a violation of the Road Traffic Regulations (StVO), a monetary fine and an entry in the Driver Fitness Register in Flensburg (FAER) are imminent.
This is precisely when it can become critical: If the violation is serious or there are already several other violations and thus points in Flensburg, the consequence is not only the monetary fine and possibly a driving ban, but shortly thereafter (after legal force) the revocation of the driver’s license by the licensing authority due to 8 points (or more) in the Driver Fitness Register (FAER). This is a serious setback, particularly for professional drivers or commuters.
Grounds for Filing an Objection to a Fine Notice
Anyone who receives a fine notice rarely has any real desire to pay it. However, that alone is of course not sufficient for a justified objection to the fine notice. An existential threat due to a driving ban alone is also not sufficient for the objection to be justified. However, in such cases, depending on the administrative offense, there is a chance of achieving a higher fine instead of the driving ban.
An objection is always promising if it is flawed. Possible errors include, among others:
- Unidentifiable speed camera photo: If the speed camera photo is unclear and the driver cannot be properly identified, an objection can be filed. However, the question then usually arises as to who is visible in the photo if not the vehicle owner.
- Measurement errors: Speed cameras are not always properly calibrated or do not function flawlessly. Measurement errors can therefore occur, particularly at high speeds. Anyone who has been caught by a speed camera should therefore check the notice for errors and file an objection. This can be particularly advisable if, in your opinion, you were not driving too fast at all.
- Formal errors: A fine notice itself must also meet certain requirements. These include a missing or incorrect instruction on the right to object, an incorrect file number, or other errors in the information provided. An attorney can review whether all formalities have been complied with.
- Statute of limitations on the notice: As a rule, an administrative offense becomes time-barred between 3 and 6 months after the date of commission (Section 26(3) StVG). If a fine notice is issued later, it is time-barred and no longer needs to be paid. Even if the case is clear, an objection should be filed and justified accordingly.
Learn more about the statute of limitations for a fine notice in another article.
Fine Notice Received: When to File an Objection?
Whether an objection is promising depends on the individual case. Even though an objection itself is free of charge, costs may still arise for a potentially necessary court proceeding. An experienced attorney can assess whether there is a prospect of success and advise you accordingly. This is particularly advisable when large sums of money are involved or other serious consequences are imminent.
Deadlines: How Long Can I File an Objection?
Anyone wishing to file an objection to a fine notice must act quickly: The deadline is 14 days from receipt of the notice. The objection is only legally effective if it is filed within this period. There is therefore little time to consult an attorney. When contacting a law firm, always indicate that it concerns an objection to a fine notice so that the attorneys can act quickly.
If the fine notice is delivered while you are not at home, for example because you are on vacation or in the hospital, the deadline has usually already expired by the time you learn of the fine notice. In such a case, you can apply for reinstatement to the previous status. This means that the deadline starts again from the beginning and you have another 14 days.
The prerequisite is that you can provide proof of the vacation or hospital stay and that you file the application without delay (within one week) after your return. We are happy to assist you with this.
Objection to Fine Notice: What Should Be Considered?
If you wish to file an objection, it must always be in writing. An email is generally not sufficient. Therefore, always send a letter or fax with the associated file number, which you will find on the notice. The objection must also contain the date, location and a signature.
A justification is not mandatory. However, this should only be provided in consultation with an attorney. The authority will then first review whether the objection will be granted. If the objection is rejected, you can respond again and, if necessary, take further steps.
Important: If you are running late and the deadline is about to expire, file an objection to the fine notice without justification. This will give you more time to contact a criminal defense attorney who can review the notice again with legal expertise. Please feel free to contact us for an initial consultation.
How Can an Attorney Help with a Fine Notice?
Legal advice is not required for filing an objection to a fine notice; however, it may still be advisable to consult a criminal defense attorney. The attorney can, on the one hand, assess whether an objection is promising and assist you in formulating the justification. To this end, the attorney will review whether the notice contains, for example, legal errors. In addition, an attorney can request access to the files and thus find out more about the ongoing proceedings than you can.
For frequent drivers, it is very important to have each individual violation reviewed. Clients often accept fines and points for minor violations because they have few or no points in the driving fitness register. However, additional points are often added quickly, so that suddenly the revocation of the driving licence—and the associated threat to one’s livelihood—becomes a risk.
Important: Have every violation reviewed by an attorney and do not simply accept minor violations without review. It could quickly have unforeseen consequences that jeopardize your future/livelihood.
Particularly when your driver’s license or other important matters are at stake, it is therefore worthwhile to consult an attorney. However, if it concerns a criminal offense, you should not hesitate to contact a criminal defense attorney.
As experienced and specialised criminal defence lawyers, we are here for you and support you throughout the ongoing proceedings. We provide comprehensive advice on your options and help you take action against the authorities. Contact us at any time for an initial consultation.
