Especially in road traffic, a regulatory offence can happen quickly: driving too fast, running a red light, or parking incorrectly. It is particularly annoying when, after some time, a fine notice or a hearing form arrives in the mail. But what is a hearing in administrative fine proceedings?
Before a penalty notice is served, accused persons often receive a hearing form. In it, they can comment on the matter and provide information. Many people feel overwhelmed by this: Does it make sense to admit the offence? Or should I deny everything? Am I allowed not to respond at all? We will show you the available options.
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.
What is a hearing in administrative fine proceedings?
The hearing is the first step in the course of administrative fine proceedings. It is intended to enable the accused to comment on the allegation of a regulatory offence made against them (Section 55 OWiG).
The hearing is intended not only to ensure “the right to be heard”, but the authority also attempts to establish the relevant facts, for example the driver of a vehicle. In Germany, only the driver is responsible for the regulatory offence, but a licence plate query can only identify the registered keeper. These persons are often identical. An exception applies in the case of parking or stopping violations.
A hearing always takes place when the accused has not yet been given an opportunity to comment. If, for example, there was a traffic stop by the police, the hearing must already be carried out by the police officers.
Important: You must receive a hearing form or a fine notice within 3 months of the regulatory offence being committed; otherwise, the matter becomes time-barred.
You can find out more about limitation periods in administrative fine proceedings in a separate article.
How do administrative fine proceedings work?
Administrative fine proceedings begin with the hearing form. This is the so-called preliminary proceedings, in which the facts of the case and personal details are to be clarified. In addition, this is the first time the accused has the opportunity to comment or to challenge the fine notice.
After the hearing form, the fine notice is usually served, unless the notice has been successfully challenged (for example, because you were not the driver). The addressee then has 2 weeks to lodge an objection to the fine notice.
If the objection is not upheld, the entire proceedings are handed over to the public prosecutor’s office and end up in court.
What should you write in the hearing form?
If you receive a hearing form, you essentially have 3 options for dealing with it:
- admit/confirm the offence
- deny the offence
- ignore the hearing form
Which option makes the most sense depends heavily on the individual case and should be carefully considered. Please feel free to contact us at any time for personal advice so that we can find a suitable strategy for your case.
Admitting the offence has no particular advantages in administrative fine proceedings. It is not the case that this would reduce the penalty. On the contrary: the authority may assess the statement at its discretion. Thus, a confession can even worsen the allegation if information is provided that substantiates a more serious regulatory offence (or even a criminal offence). For this reason, you should never make a confession without prior legal advice.
The same can also apply to a denial, depending on how it is worded. It may also contain concessions that can worsen the allegation. However, it is the first way to challenge the fine notice and initiate further legal steps. Here, too, it is advisable to consult a lawyer who will take on your case and support you through all steps.
Important: If you were not driving yourself, you can also state in an objection that you were not the driver and indicate who was driving instead. If it is a close family member, you do not have to disclose this. In this case, you have a right to refuse to testify.
Do you have to send back the hearing form?
As in criminal proceedings, no one has to incriminate themselves or comment on the matter in the hearing form. It is therefore often the best option to remain silent regarding the allegations and not send the hearing form back. Only personal details are mandatory (e.g. name, date of birth, and address).
False information in the hearing form in administrative fine proceedings (H2)
Providing false information in the hearing form is, in many cases, a further regulatory offence, for which a fine of up to €1,000 may be imposed (Section 111 OWiG). Particularly with blurry speed camera photos, people are inclined to provide false information about the person in the photo. However, if the authority becomes aware of this, it can have serious consequences.
In the worst case, you may face criminal investigation proceedings for false accusation (Section 164(2) StGB). This can occur if you intended to accuse an innocent person of a regulatory offence, so that administrative fine proceedings are initiated against them. However, this does not apply to the accusation of non-existent persons (cf. OLG Stuttgart, judgment of 20/02/2018, case no.: 25 Ss 982/17)
There may also be consequences if you state that you do not know the driver. The registered keeper is responsible for their vehicle. Consequences may include, for example, a driving log that documents every trip made. An exception applies, for example, if your car was stolen. This should then be proven, e.g. by filing a report with the police for theft.
Objection to a fine notice: How can a lawyer help?
If you are accused unjustly, or if the fine notice threatens not only a fine but serious consequences, a lawyer can help you challenge the notice. You should therefore arrange an appointment as early as possible, ideally already during the hearing stage.
Once a fine notice has been issued, you have only 2 weeks left to lodge an objection to it. Be sure to mention this when contacting us so that we can act as quickly as possible before the deadline expires. Ideally, send us a photo of the date on the yellow official envelope.
In some cases, it is also possible to convert a driving ban into a higher fine. Or procedural errors can be found, for example because the speed camera was set up incorrectly or did not comply with the requirements. An experienced specialist lawyer can support you in finding the right approach.
You can find more information on challenging a fine notice in the article Objection to a fine notice.
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.
