Are you receiving a visit from the police; your vehicle is said to have caused an accident?
Then it is important no – absolutely none – to provide information to the police. As always as a suspect, you are not obliged to provide information if you would incriminate yourself or close relatives.
This has the advantage that if necessary – even if an accident should actually have occurred – the driver’s status cannot be determined.
But even if the driver’s status has been established, there are many approaches for an effective defense in terms of noticeability or the amount of damage caused.
The public prosecutor’s office often withdraws the driver’s license prematurely, so that in this case quick action is required to prevent a preliminary revocation by the court. Once the withdrawal is in the world, it is difficult and risky to revoke it without a main hearing. The time factor plays against the accused, as it often takes months before a main hearing takes place.
If the main hearing cannot be avoided and the driver’s status has been established, then the goal must be an attitude in accordance with § 153 / § 153a StPO.
It is also important that in the event of a conviction for “escaping from an accident”, your own vehicle insurance company can take recourse. This can also be avoided by a clever defense.
If you have legal protection insurance for traffic law, this basically also covers the costs of using a lawyer, provided there is no conviction in the end.
Hence my advice – accusation of escaping an accident – immediately to the lawyer
Ramon Jumpertz
Lawyer
Specialist lawyer for criminal law
Specialist lawyer for traffic law
Photo: RA Jumpertz / RA Jumpertz
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