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Is there really a fine for using a cell phone while driving?

from
Christian Hecken, LL.M., LL.M.
Lawyer
Specialist in criminal law
Specialist in administrative law

Give me a call: 0228 - 972 798 203
E-Mail:

For years, it was undisputed that actively using a cell phone while driving would result in a fine. However, this has since become highly controversial because the enabling act has not been adequately reflected by the corresponding standard.

While the Ministry of Justice of the state of Baden-Wuerttemberg apparently assumes that the use of cell phones while driving is currently even permitted, the Federal Ministry of Justice and the ADAC are speaking out against the invalidity of the ban.

In the video and in his scientific publication (Ist die Handy-Nutzung am Steuer derzeit verboten? Zum Diskussion um die Nichtigkeit von § 23 Absatz 1a StVO in: Neue Zeitschrift für Verkehrsrecht, February 2021, 84ff.), Lawyer Christian Hecken, LL.M., LL.M., explains why it is highly advisable to take action against any fine for alleged illegal use of a cell phone in traffic. Every road user concerned should take advantage of a favorable decision by the Federal Constitutional Court.

Lawyer Christian Hecken, LL.M., LL.M. advises at our offices in Koblenz, Bonn and Cologne as well as in Düsseldorf.

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.