Speeding? Been flashed? Tips from the lawyer!

Were you flashed? If you were speeding? The speeding violation is the most common traffic offense. This has particularly large consequences for many road users.

There is not only a fine and points, but often also a ban on driving. We show you which penalties are imposed and what you can do about it.

Need help? We defend you as specialized lawyers for traffic law nationwide!

Speeding: what is the penalty??

If you have been speeding and have received a speeding ticket, the fine will be based on the following schedule of fines.

Depending on the amount of the speeding a fine between 20.00 € and 800.00 €, the entry of 1 to 2 points in the flensburger register and possibly. The imposition of a driving ban of 1 to 3 months before.

We explain everything important about the topic.

Contents of this page

1. Driving too fast and having been flashed – everything important to the point:

The penalty depends primarily on the following questions:

  • "have you been flashed in town or out of town?"
  • "which safety deduction is to be made from the speed?"

Which safety margin ("tolerance") applies? So what is to be deducted from the speed driven?

A safety margin must be deducted from the speed driven in order to determine the punishable speed.

  • 3 km/h of the driven speed under 100 km/h
  • 3 % of the driven speed over 100 km/h

2. New or old catalogue of fines?

Applies from 28.04.2020 a new catalogue of fines?

Actually, from the deadline 28.04.2020 a new catalog of fines will apply! This would have resulted in a serious increase in the severity of the driving ban.

However, an error in the text of the regulation (violation of the so-called citation requirement) has led to the ineffectiveness of the new catalog of fines. So the previous schedule of fines continues to apply, which we discuss in more detail here.

New catalog of fines from 09.11.2021

A new fine catalog is however from 09.11.2021 came into force. You will find all further information here: catalog of fines 2021 – these sanctions threaten you.

Specialist lawyer for traffic law thomas erven

"the old catalogue of fines continues to apply. Anyone speeding outside built-up areas from 41 km/h or inside built-up areas from 31 km/h will be banned from driving!"

What you should pay attention to

Anyone who has been speeding within or outside built-up areas up to 20 km/h will receive a fine of.

If you are caught speeding within a built-up area at 21 km/h or more, you will receive a fine and points, and if you exceed 31 km/h, you will be banned from driving.

Who drove outside of built-up areas from 21 km/h too fast, receives a fine and drives into the points, and from 41 km/h into the driving ban.

Traffic lightning in the city?

Exceeding fine points driving ban
up to 10 km/h 30 €
11 to 15 km/h 50 €
16 to 20 km/h 70 €
21 to 25 km/h 115 € 1
26 to 30 km/h 180 € 1 (1-)
31 to 40 km/h 260 € 2 1
41 to 50 km/h 400 € 2 1
51 to 60 km/h 560 € 2 2
61 to 70 km/h 700 € 2 3
űber 70 km/h 800 € 2 3

Speeding outside the city?

Exceeding fine points driving ban
up to 10 km/h 20 €
11 to 15 km/h 40 €
16 to 20 km/h 60 €
21 to 25 km/h 100 € 1
26 to 30 km/h 150 € 1 (1)
31 to 40 km/h 200 € 1 (1)
41 to 50 km/h 320 € 2 1
51 to 60 km/h 480 € 2 1
61 to 70 km/h 600 € 2 2
űover 70 km/h 700 € 2 3

(1) = if within one year of the first decision becoming final, you are found to have exceeded the speed limit by more than 25 km/h for a second time.

Can it also be more expensive than in the fine catalog?

The fines set in the catalog of fines are only a point of reference for the fining authority when determining the amount of the fine. Under certain circumstances, a nasty surprise awaits you:

Case law allows an increase in the fine if the speed is exceeded by at least 40%.

But even speeding after passing several speed-limiting signs can result in a higher fine. The same applies in the case of several previous entries in the flensburg register.

Often the fine is then twice the amount in the fine catalog.

the absolute maximum limit for the fine is according to § 17 abs. 1 owig an amount of 1.000 €.

However, the economic circumstances of the person concerned may also be raised as a factor in determining the amount of the fine, § 17 abs. 3 owig.

3. Speeding in the zone 30?

The magic limit of 21 km/h over the speed limit is valid regardless of whether the speeding was in the 30 km/h zone or in the 50 km/h zone.

Because of the low speed limit, the increasing number of speeding zones set up by municipalities leads to mass speeding violations with the corresponding consequences!

4. Been flashed on the highway?

It makes no difference whether you were flashed out of town or on the freeway. The highway is legally treated as a freeway for speeding offenses.

On the highway, the speed limit for cars is 100 km/h, but exceeding the speed limit is exactly the same as on the freeway.

5. What applies to repeat offenders?

A driving ban is also threatened if 26 km/h has been exceeded twice within one year. This is only because of the repeated conspicuousness, although the catalog of fines would not in itself result in a driving ban!

specialist lawyer for traffic law thomas erven

"from 26 km/h too fast, you will also be banned from driving the next time you exceed 26 km/h within one year!"

6. Speeding during the probationary period?

The novice driver must reckon with an extension of the probationary period by a further 2 years and the ordering of a postgraduate seminar for the first speeding offence.

However, it depends on whether it is an A violation or a B violation.

A-infractions (examples):

  • From 21 km/h speeding
  • Running a red light
  • Distance violation

B violations (examples):

  • Cell phone driving
  • endangerment / obstruction of pedestrians / cyclists while turning

A and B offences are criminal or administrative offences punishable by a minimum of €60 and one point. A-violations are the more serious violations.

In case of an A-violation or two B-violations, it is best to consult a specialist lawyer for traffic law immediately, because the probationary period will be extended by 2 years and a postgraduation seminar will be ordered after the first violation.

7. How to prove the speeding violation?

Speed measurements are proven by means of stationary (permanently installed) or mobile measuring devices. Here the related measurement technology (radar, laser, video etc.) depending on the measuring device used in each case.

8. What measuring devices are there?

You can find out the measuring device used in your case, with which you were flashed, from the hearing sheet or the penalty notice.

The most common measuring devices are:

Laser devices

  • RIEGL LR90-235P
  • RIEGL FG21-P
  • Laserpatrol
  • Traffipatrol
  • Poliscan speed

Radar devices

  • M5 radar
  • Micro-speed 09

Light barrier devices

  • ESO ES 1.0
  • ESO ES 3.0

Induction loop systems

  • Traffistar S 330 and S 350
  • Traffiphots
  • M5
  • Multanova multastar C

Video rear view systems

  • Provida

Traffic control systems

  • VKS 3.0
  • VKS 3.01
  • Multastar COMBI

The various measuring devices are used stationary or mobile. It is hereby measured in urban and extra-urban areas. Whether it is so-called. Standardized measurement procedures (under the same conditions, the same results can be expected) are sometimes controversial.

When measuring with the device leivtec XV 3 is not a standardized measurement method

In its decision of 19 April 2009, the Oldenburg Higher Regional Court (Oberlandesgericht) ruled that.07.2021 decided that a measurement with the leivtec XV 3 measuring device is currently not to be assumed to be a standardized measurement procedure. The person concerned was sentenced to a fine by the local court for exceeding the speed limit.

The speed was measured with the measuring device leivtec XV 3. Based on the modified operating instructions, there are inadmissible deviations in the measured values.

Similarly, the Bavarian supreme state court has now also ruled in its decision of 12 December 2009.08.21 decided.

If a measurement is carried out with such a device and then a penalty notice is issued, there is a good chance that you will be able to defend yourself against this penalty notice.

9. How should you behave if you have been speeding and have been flashed??

Do not make any statement on the matter if you have been speeding, measured and stopped by the police. You only have to provide personal information – otherwise: keep silent!

Do not comment on the matter even after you have received the hearing sheet or the penalty notice. You should lodge an appeal against the penalty notice immediately after receipt and seek advice from a lawyer.

specialist lawyer-traffic law-erven

specialist lawyer for traffic law thomas erven

"before you make a statement, it is better to get legal help from a lawyer!"

10. Speed cameras: the lawyer and your chances

Seek a specialist lawyer for traffic law. This will check whether you have actually committed a speeding violation or whether this can be proven to you by the fine office or the court.

In the case of speeding violations, there are various promising defense approaches:

  • If a driving ban is imposed according to the new fine catalog, which was not yet valid according to the old fine catalog, this is likely to be ineffective! Be sure to have this checked!
  • The hearing sheet or the penalty notice suffers from formal defects. Under certain circumstances, this is not sufficiently determined if the time of the offense, the place of the offense, or the alleged regulatory offense are imprecise. This can ultimately lead to the statute of limitations for the offense.
  • If applicable. If the driver is not clearly identifiable on the measurement photograph.
  • The defense options are particularly promising if the driver was not the owner of the speeding vehicle, because only the driver can be the offender. Conclusions about the driver are not permissible solely on the basis of the vehicle’s status as a holder of the vehicle! For this reason, do not make any statements on the matter in the questionnaire.
  • The speeding was done too close behind the speed limit.
  • The measuring device had defects or was not used in accordance with the prescribed operating instructions. This can be proven by an expert opinion.
  • The measuring officers were not sufficiently trained.
  • The measurement was not assigned to the correct vehicle.
  • Etc.

These different approaches can be examined by a lawyer and lead to the fact that a speeding violation cannot be punished in the end and remains without consequences!

11. Can an imposed driving ban be circumvented?

It is often possible to avoid a driving ban even though you were speeding.

This is possible especially in case of "momentary failure", "disproportionate measurement" or "lack of endangerment of other legal interests". Often the driver who is professionally dependent on his vehicle can be helped by the driving ban if it is "particularly severe" and the fine is increased in return.

It can also often be useful to delay the driving ban until a more favorable point in time (e.g., when the driving ban is imposed).B. vacation period) to be rescheduled.

12. Driving too fast? Recent rulings:

Federal constitutional court clarifies: there is a right of access for the defense to the raw measurement data even if they are not part of the fine file: decision of 12.11.2020

The problem with many fine proceedings for speeding is that not all measurement data is made available to the defense by the authorities and thus the measurement can only be checked to a limited extent. This was held for a long time by most district courts and also frequently confirmed by the higher courts.

Contrary to this opinion, the Federal Constitutional Court has now ruled that the defense must also be granted access to data that is not in the case file. It is not decisive whether the information required by the defense counsel is in the file, but whether it is required for a fair trial.

It is also not evident that – as is often argued by courts – the functioning of the administration of justice is impaired by this comprehensive right to inspect the measurement data. There is also no empirical principle that, despite a standardized measuring procedure, the measuring devices used provide reliable results under all conceivable circumstances without exception.

A fair trial under the rule of law requires freedom of information between the prosecuting authorities and the accused.

"the requested, sufficiently concrete information must, however, on the one hand, have a factual and temporal connection with the respective administrative offense accusation and, on the other hand, have recognizable relevance for the defense.".

In this respect, a decision is required in each individual case.

In our eyes, this is a long overdue decision that will hopefully cause the authorities and local courts to refrain from the bad habit, covered by most higher regional courts, of not handing over measurement data with the intention that the measurement is already correct.

It has always been a contradiction in terms to require the defense to provide concrete evidence of a measurement error, but not to hand over the necessary data for this purpose.

How long is a traffic sign valid on a road??Decision of the OLG Oldenburg dated 30 June 2009.04.2020

The OLG oldenburg had to deal with the problem of whether a speeding violation also exists if no traffic sign was passed in the direction in which the driver was traveling.

The person concerned had passed a traffic sign with a speed limit and had driven into a parking lot. After several hours, he left the parking lot and drove back in the opposite direction. The Higher Regional Court rejected the admission of the driver’s appeal on a point of law. The prohibition also applies in the other direction.

The traffic sign 274 (speed limit) should be repeated behind intersections and junctions where drivers who are not familiar with the area can be expected to turn in. However, the prohibition of the route was not lifted here, even if one were to equate the access road to the parking lot with a junction.

Whoever continues the journey in the same or in the opposite direction must be expected to remember and memorize a prohibition sign that is valid for a longer distance at least if he has perceived it before.

In principle, however, traffic signs would only enforce the speed limit in the direction of travel for which they are erected and visible ("principle of visibility").

Note from our traffic law experts: this is a special case in which the principles are, however, easily recognizable.

If you turn onto a road and no speed limit sign was visible, there is a good chance that we will be able to contest the fine imposed!

Momentary failure in the case of an acutely critical health condition of one’s own child: decision of the Higher Regional Court of zweibrucken of 29 April 2009.10.2020

Exceptionally, according to a decision of the Higher Regional Court of Zweibrucken, a driving ban may not be imposed if there are tangible indications that the act differs from the above-mentioned regular cases in favor of the person concerned.

The district court judge had assumed that a momentary lapse in attention or awareness of the road was the cause of a speeding violation. A short-term misconduct requires, which also a careful and conscientious motorist underlies. the driver was 43 km/h too fast out of town, which would have resulted in a driving ban.

This was not done, because immediately before the speed measurement the person concerned was informed by his wife about the bad health condition of his child, the disagreement of the doctors about the kind of treatment and a currently unstoppable bleeding, and then drove immediately to the clinic.

This created an exceptional situation that could justify a momentary failure with regard to the speed limit. The Zweibrucken Higher Regional Court held that the decision of the district judge not to impose a driving ban was tenable.

At the main hearing, the court examined the data line of the measurement photo taken with the traffistar S 350 measuring device. there were unreadable signs that apparently reproduced parts of letters.

Since a measurement value could not be determined from the measurement photo, the person concerned was to be acquitted.

How fast is walking speed? decision OLG hamm from 28.11.2019

The person concerned had been driving too fast in a traffic-calmed zone. Only walking speed is allowed here. The amount of the fine and the driving ban depended – as always – on how much the driver was speeding.

The amount of the speeding fine is determined by the difference between the speed limit and the permitted walking speed. To date, the Federal Court of Justice has not ruled on what speed is to be understood as walking speed.

Some courts define the term walking speed at max. 7 km/h and some courts at max. 10 km/h.

The concept of walking speed is determined as a form of walking, which requires at least that one foot is in contact with the ground. A violation of the requirement of walking speed is only given when the value of 10 km/h is exceeded.

30 km/h at school also on holidays: decision OLG brandenburg of 12.09.2019

The person concerned had been convicted by the local court of a speeding violation at a school. There was a sign with a speed limit of 30 km/h in combination with the additional sign "mo-fr, 7-16.00 h" and the additional sign "school.

The time of the crime was a Good Friday; i.e. a holiday that fell on a weekday. The person concerned said that, according to the local signs, the speed limit only applies to actual school hours and not to a public holiday.

The OLG showed itself to be unyielding. Orders for speed limits for Monday through Friday would also apply on public holidays that fall on a weekday.

the additional sign "school" is merely a dispensable reference to inform road users about the motive of the road traffic authority. This is only to increase acceptance among road users and to clarify the reason for the restriction.

Whether there is a need for protection by a speed limit is not a matter for the road user, but solely for the authority issuing the traffic order.

differently had in a similar case the district court of wuppertal with judgment of 28.01.2014 decided.

From our point of view, it was argued more realistically that the signage could not be considered in isolation from the additional sign "school", but that an overall view had to be taken. In an overall view, it is clear that the speed limit at the school has the purpose to enable unhindered school attendance and to protect the children in particular.

There is a close and clearly recognizable link for every road user between the speed limit and the additional "school" sign. It is apparent that the order would become superfluous if it ceased to serve that purpose. There is no school on Sundays, so the rule does not apply then.

The same would have to apply if public holidays fell on a working day.

speed limit does not apply to closed lanes: decision of the higher regional court of celle of 05.08.2019

If the use of one lane of a multi-lane freeway is prohibited by a permanent sign "red crossed diagonal bars", the speed restriction imposed for the other lanes does not apply there. However, the amount of speed driven can be taken into account in the sanctioning (driving ban).

speed limit due to "noise protection" also applies to an electric vehicle: decision of the chamber court berlin of 13.12.2018

A speed limit marked with the additional sign "larmschutz" (noise protection) must also be observed for low-noise electric vehicles. If the person concerned wants to drive faster, he must achieve this by adding an additional sign that electric vehicles are exempt from the speed limit.

Here it would also have to be discussed whether other road users would then be pulled along by faster driving electric vehicles.

fine can be reduced: decision AG herford of 14.12.2016

A fine of 1.000 € was reduced by the court to 500 € in view of the limited financial possibilities. According to § 17 abs. 3 owig the economic circumstances have to be taken into account for a fine of 250 € or more. The regular rates of the fine catalog could then be disproportionate and reduced (like here).

13. What can you do if you have been flashed??

have the case examined by our team of experts. We have many years of experience as lawyers specializing in traffic law, having fought thousands of cases for our clients.

attorney erven and his team are at your disposal throughout germany. We are happy to help you and are available with advice and assistance.

call us at 0221 / 301 403 44 and we are there for you!

Thomas erven
lawyer and specialist for traffic law
in cologne

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