Sometimes, road users are accused of committing several speeding violations while driving. Often, the offenses are recorded by following (civilian) vehicles from the traffic enforcement agencies using the "Police Pilot" measurement system. The journey of the person concerned had been pursued over a longer distance, so that there were several places of the offence. The person concerned had been accused of behaving in a manner relevant to the law on fines outside built-up areas from 8:02 p.m. to 8:04 p.m. on April 21, 2023. In the administrative order imposing the fine, two acts were assumed in the procedural sense, so that the trip would ultimately have led to a total of 4 points in the driving aptitude register and a 2-month driving ban. An appeal was lodged against this.
Legal classification of the speeding offenses
It was necessary to check whether there was only one offense in the procedural sense and whether there was a unity of offenses for which only one fine could be imposed. In this legal assessment, only two points and a one-month driving ban were incurred in the above initial situation.
A single act – both substantively and procedurally – in the sense of a natural unit of action can be assumed if significant behaviors are characterized by such a direct temporal-spatial and internal connection that the entire process, when viewed naturally, also appears to an uninvolved third party as a unifiedA time lag of about one minute [1] or two minutes [2] between the two measurements does not allow the assumption of independent, unrelated events, unless the vehicle has come to a stop in the meantime.
Strategic considerations
If the person concerned has committed one speeding offense without a driving ban and one with a driving ban, the fine notice without a driving ban can be accepted and an objection to the fine notice can be filed in the other proceedings with reference to a procedural obstacle if an offense under Section 84 I OWiG has already become legally binding ("ne bis in idem").[3]
Experience in court proceedings
Fortunately, experience shows that the procedural objective of only one offense being recognized can regularly be achieved in court proceedings following the filing of an appeal. In this case, only a fine is imposed for the behavior of the road user. On the one hand, this reduces the fine for the client, and on the other hand, it also shortens the driving ban. If necessary, an appeal should be lodged against incorrect judgments. Sometimes as many as 6 penalty points are imposed in a single fine notice for 3 separate instances of speeding within a few minutes of driving. In view of the above, this seems unjustified.
If a fine is imposed on you, you should definitely seek the help of a Lawyer specializing in traffic law.
[1] OLG Koblenz, DAR 2018, 695; OLG Zweibrücken, DAR 2003 281; OLG Hamm, judgment of June 9, 2009 - 5 Ss OWi 297/09, zfs 2009 651.
[2] OLG Celle, DAR 2011, 407.
[3] Homburg District Court, NStZ-RR 2008, 122.
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.