Procedure for administrative offence proceedings
Administrative offences are usually punished with fines. In the case of minor offences, however, the administrative authority can also issue the person concerned with a warning and levy a fine.
There are warnings for minor offences, cost notices for stopping or parking offences and fine notices.
The warning is a simplified procedure for minor offences.
If the person concerned pays the fine on time (within one week) after receiving the written warning/hearing, no fees and expenses are charged and the offence is not registered in Flensburg.
A lack of agreement is expressed by refusal to pay. Written statements on the facts of the case on the hearing form will be checked by the authority. The citizen is informed of the result. If the case cannot be closed, a further payment deadline is usually granted.
If payment is not made within the deadline set, a fine notice with fees and expenses will be issued, against which an appeal can be lodged within two weeks of service.
In the case of stopping or parking offences, the legislator has created "owner liability" (§ 25a StVG). This means that the proceedings are discontinued if the driver of the vehicle cannot be identified within a specified period or with reasonable effort. However, the costs of the proceedings are imposed on the owner of the vehicle. An application for a court decision can be made against this decision within two weeks of notification.
Regulatory offences are punished by fines.
The fine notice contains, among other things:
- Personal details of the person concerned and the name and address of the defence lawyer
- the name of the offence and the fine regulations applied
- the evidence,
- the fine,
- statutory fees and expenses,
- ancillary consequences such as points in Flensburg, duration of the driving ban and
- detailed information on legal remedies.
Driving ban
As a secondary consequence, a driving ban for a period of 1 to 3 months can be imposed in the fine notice.
The driving ban takes effect when the fine becomes legally binding. However, the period does not begin until the driving licence has been placed in official custody.
In the case of first-time offenders (no driving ban within the last two years), an extension of the deadline for surrendering the licence is ordered in the fine notice. The driving licence must then be surrendered no later than 4 months after the fine becomes final.
Appeal against the fine notice
If the person concerned does not agree with the fine notice, they have the option of lodging an objection within two weeks of notification. All information on this can be found in the information on legal remedies.
Important information:
- It is essential to observe the deadline (within two weeks of service)
- Only the addressee, i.e. the person concerned, can lodge an objection. Otherwise a power of attorney is required.
- A statement of reasons for the objection or witnesses are recommended.
- If the proceedings cannot be discontinued, the file must be forwarded to the local court via the public prosecutor's office.
If you have any questions, you can contact the specified clerk within the objection period!