Increase in serious traffic offenses
Mobility behavior has changed in times of the coronavirus pandemic and the resulting lockdowns and social distancing requirements. Anyone who has been on the highway recently can confirm that it is unusually empty. [1] The decline in highway traffic is said to be as high as 80 percent. [2] The same is true for inner-city traffic, even during rush hour. The dramatic decline in road traffic is accompanied by fewer accidents and, in overall terms, fewer speeding violations. As a result, the number of fines is declining. However, the comparatively empty roads also have their downsides: above all, the free highways tempt people to speed, and in many places it is currently possible to drive at 200 km/h or faster without any problems. Police stations report that some road users are taking advantage of the free roads to reach the maximum speed with their vehicles. The media is increasingly reporting on particularly massive speeding, well over 100 km/h,[3] which, according to the fine schedule, results in a three-month driving ban and two points on your license. The fine is usually doubled in the fine notice because of alleged intent.
Situation in the judiciary
The courts throughout the country have switched to "emergency operation". Currently, only custody matters, urgent matters and ongoing criminal proceedings are being heard. On the other hand, there are hardly any fine proceedings at the moment. In fine proceedings, more attention should be paid to the rules of limitation. If a district court judge does not set a new date in due time after a date that has been set aside and the file remains unprocessed for more than six months, the fine proceedings are subject to a limitation period of 3 years, § 33 No. 1 p. 1 No. 11 OWiG. Moreover, the absolute limitation period of two years, calculated from the date of the offense, can quickly be reached due to the backlog of traffic fine cases; see § 33 III 2 OWiG. The proceedings would then have to be discontinued.
Driving bans
Particularly in times of the coronavirus crisis, many professional groups are more dependent on their driver's license for their livelihood than before, so that an application can be made to waive the driving ban in exchange for an increase in the fine. After all, the driving ban must not lead to excessive hardship, such as termination of the employment relationship. Since the virus is known to be particularly dangerous for the older part of the population, refraining from imposing the standard driving ban may be justified in the case of the need for care and support for close relatives.[4] For example, it can be argued that the person subject to the administrative offense proceedings urgently needs their driver's license to provide their ailing father, who is avoiding social contact during the coronavirus pandemic, with shopping and to drive him to doctors.
Footnote references:
[1] www.sueddeutsche.de v. 26. 3. 2020, ("Traffic and Corona: Free travel"); www.presse.adac.de v. 24.3.20, ("Corona crisis causes massive decrease in traffic jams").
[2] www.wuppertaler-rundschau.de v. 7.4.20 ("Corona pandemic: Up to 80 percent less traffic on the highways").
[3] www.ndr.de as of 3/25/20 ("Less traffic due to Corona: Police stop speeders")
[4] OLG Hamm NZV 2006, 664; Fromm, Verteidigung in Straßenverkehrs-OWi-Verfahren, 2nd ed., 2014, 228.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.