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Avoid a driving ban through traffic psychology training

from
Dr. jur. Ingo E. Fromm
Lawyer
Specialist in criminal law
Specialist in traffic law

Give me a call: 0261 - 404 99 401
E-Mail:

The Goal of Appealing Traffic Fines: Avoiding a Driving Ban

Often, the goal of the defense in appeals against traffic violation notices that include a driving ban is to avert the driving ban. In this context, the defendant often asserts a particular reliance on their driver’s license—for example, due to their occupation—in connection with a traffic violation.

The “MobilPLUS Prevention” Course

Recently, magistrates have surprisingly often offered the option of first completing a traffic psychology training program—the “MobilPLUS-Prevention” course—as a way for the individual concerned to avoid a driving ban. This is a traffic psychology program offered, for example, by TÜV Süd. The aim is to sustainably reduce the risk of repeat traffic violations. Through this, the individual seeks to demonstrate that a long-term change in behavior has taken place.

As early as the 48th Traffic Court Conference in 2010, Working Group V (“Exceptions to the Revocation of a Driver’s License and Driving Bans”) had strongly recommended making more extensive use of the recognized methods offered by traffic psychology for attitude adjustment, behavioral change, and fitness assessments.

Procedural Steps

Once the certificate of participation has been submitted to the court, the court may lift the driving ban either at a hearing or by written order. In most cases, this procedure is coordinated with the public prosecutor’s office, so no opposition is expected from that side.

Additional Costs

However, the person concerned is not always willing to complete the training program, as it often involves additional costs of several hundred euros that were not factored into their budget. Furthermore, many consider this additional measure unfair, since in other cases, a well-reasoned argument regarding significant professional hardship may be sufficient to avert a driving ban in exchange for a substantial increase in the fine.

If administrative fine proceedings involving a driving ban are initiated against you, it is essential to seek the assistance of a lawyer specializing in traffic law.

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.