I have the right in Germany: “Fine for speeding without a driver’s photo”

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─ Hello, dear lawyers and journalists of the column “I have the right”!

So I had a need to write to you. I recently received a 16 km / h speeding ticket. The fine came in the amount of 119 euros. However, the photo was not attached. The form contains the phone number that I called to clarify the situation. In the conversation, I said that I doubt it was me and asked to send a photo to have proof. Well, to be honest, I forgot about this case. It’s been six months since I received a payment reminder. And the photo of who was driving never came. It seems to me that this fine is fake. How can you be sure of this? If not, should there be a photograph on every fine? Or is it an opportunity to challenge the imposed fine?

Lena K., Dresden.

Dear Lena!

According to the “old” rules, which are temporarily in effect now, for speeding by 16 km / h outside the city, an administrative fine of 30 euros is imposed. According to the new rules, it is 60 euros. For speeding in the city – a fine of 35 euros “according to the old rules” and 70 euros for the new ones.

The old fines were only valid until the entry into force of the StVO amendment (up to and including April 27, 2020), but in practice, the old fines are still applied anyway, since the amendment to the traffic law is not valid due to a formal error.

The presence of a photo is not a condition for imposing an administrative fine. The photo serves only as additional evidence and does not have to be attached to the order on the fine. If you were sent a fine without a photo, this does not mean that the photo does not exist. And if you think that you were not driving at the specified time, then you should file a complaint with the court within the specified time frame (14 days from the date of receipt). In this case, your complaint can be successful if you cannot be recognized in the photo or in the photo of another person.

As I understand it, you have not filed any complaints with the court. Consequently, the decision on the fine entered into force and is subject to execution within 14 days. After the expiry of the payment period, the offender is reminded of the imposition of a fine. If this is ignored, then the court issues an executive document to the department. If the violator also ignores this document, then the department can request his compulsory arrest.

If you doubt that the fine is real, then you can call the department and clarify it.

This article is for informational purposes only and cannot replace full legal advice. The author is not responsible for any damage incurred when using this article. This does not apply if the damage was caused intentionally.lazy or gross negligence.

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