New catalog of fines-regulation is ineffective – how to defend yourself against penalties

Since the 28. April 2020, a stricter schedule of fines shall apply. The Federal Ministry of transport could mitigate the new, harsher penalties still. However,

New catalog of fines-regulation is ineffective – how to defend yourself against penalties

Since the 28. April 2020, a stricter schedule of fines shall apply. The Federal Ministry of transport could mitigate the new, harsher penalties still. However, the amendment to the road traffic act is void anyway because of the new legislation, the so-called citation was violated commandment of the basic law.

Several States have already responded to the new rules to be in force. Bavaria's interior Minister Joachim Herrmann(CSU), for instance, announced on Friday: "We are going to apply for ongoing traffic offences procedure, the old legal situation." Thus, the free state followed a request by the Federal government itself, the new order to suspend.

in addition, the States of Schleswig-Holstein, Hamburg, Mecklenburg-Western Pomerania, lower Saxony, Rhineland-Palatinate and Saxony announced on Friday, to re-use the old catalog. Elsewhere, such as in North Rhine-Westphalia, the situation was unclear. And if it comes to a decision under the new regulation, investors should note the following points.

1. What is the "craft errors of the Federal Ministry of transport, mean" in the Amendment to the catalogue of fines regulation?

all The new features (and not only in the area of the driving bans) are, in my opinion, ineffective.

2. I did not receive a hearing due to a speed violation – what to do?

You should point out to either by yourself or with professional help on the ineffectiveness of the current regulation and the setting of the procedure call.

3. I have received a penalty charge notice

in this case: Immediate appeal (time limit: 2 weeks from delivery!), the ineffectiveness of the regulation and setting of the procedure call. About the experts

lawyer Michael Winter studied law in Tübingen and, since 1989, traffic law operates. As a lecturer at the dual University of Baden-Württemberg, conveys his experience in the scientific field. He founded the company "WHW Seminar & Service" made since 2001 through interactive seminars, a four-digit number of traffic participants under the company motto: "Knowledge can Help further" in the areas of "road safety and traffic law". Since the beginning of the diesel scandals Winter complains, also, together with his partners against several German automotive manufacturers.Click here for the FOCUS Online experts world

4. The fine authority has not responded, and the method is available on the office of the public Prosecutor of the competent district court

given point With the assistance of a lawyer in respect of the above circumstances, added to the fact that, for example, the Saarland, Rhineland-Palatinate, Bavaria and lower Saxony have been subjected to the new regulations already.

5. The district court shall convene nevertheless, a trial date to

In the appointment of the above circumstances of the case and have it taken down.

6. The district court has already ruled on the basis of the new regulations

In this case is a mandatory appeal (application for leave to appeal or direct appeal in the case of arranged a driving ban), to insert and to justify on the basis of the above remarks. Webinar with Dirk Müller: Here, you have to now

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7. I have accepted a fine without a ban on driving, or against a judgment, no appeal

I would think in this case, remember to provide a so-called petition, the legal consequences of the "old" scheme.

8. I have a driving ban under the new rules in front of me, but 4 months time, it will take

here, Too, a plea for mercy is recommended. It would also be possible to think of a retrial.

rationale: As a new fact, it turns out that the applied regulation from the beginning was null and void.

9. I got my driving ban already served

Whether and the extent to which the rules of the act on Compensation for criminal actions on this case, is at least worthy of examination. "Economy"-the chief: economy is at best at the beginning of 2022 to pre-crisis levels FOCUS Online "economy"-the chief: economy is at best at the beginning of 2022 to pre-crisis levels

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Updated Date: 04 July 2020, 07:26

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