they have one Hearing sheet or have you already received a fine? Don’t panic, here are a few tips for you:
Why why why?!
If a traffic offense has been committed, the fines office checks who was driving the vehicle at the time of the offense in order to determine the driver. The fines office may carry out such a check the keeper of the vehicle. As a rule, this person then receives a so-called hearing sheet by simple post, with which the authority requests a data comparison, Section 111 OWiG.
Do I have to respond to the hearing?
If your details are correct, you do not have to send the form back or react to it.
Strictly speaking, the hearing sheet protects the constitutional right to “Right to be heard”.
There will be neither legal consequences nor disadvantages if you simply do not respond to the hearing or do not send it back.
Can I specify who else?
Only if this person has also driven the vehicle. If you are not sure who drove the vehicle, you should not provide any information, because you do not have to make any assumptions.
If you intentionally indicate a person who did not drive, then you are liable to prosecution in accordance with. Section 164 of the Criminal Code, insofar as this person can be prosecuted under public law. This criminal liability also applies if the person agrees to it.
Advice really necessary?
I cannot recommend that you fill out such a hearing sheet and return it without consulting a lawyer, as this could result in irreversible disadvantages for the person concerned, which should be clarified beforehand. If you are an ADAC member, the ADAC pays for the initial consultation with an ADAC contract lawyer. If you have legal protection insurance for traffic law, your legal protection insurance will cover the advice.
Consequences?
The so-called statute of limitations is suspended by a hearing, because administrative offenses may no longer be prosecuted and punished three months after the date of the offense, unless this three month period is suspended.
For the inhibition it is sufficient that the authority has sent a hearing sheet to the person concerned; access to the hearing is irrelevant.
If the authorities do not receive any feedback on the hearing, they will try other means to find out who was driving the vehicle.
If it can be clearly seen that, for example, a woman drove and the owner is also a woman, then the authorities will compare the photo stored for the identity card with the photo of the measurement. If the authority has the impression that it is one and the same person, then a fine is issued.
Summary:
Basically, as in all situations, keep calm, don’t let yourself be confused, avoid mistakes and seek professional advice. We are very happy to provide such advice.
We would be happy to describe how you should react to receiving a notice of fines in our legal tip “Receive notice of fines, what to do ?!”.
We would be happy to provide you with detailed advice:
0221 252123
your
Marc Michelske
Lawyer
Specialist lawyer for traffic law
ADAC contract attorney
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