Dienstag, 28.02.2017
Criminal consequences of unauthorized removal from the scene of an accident
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
E-Mail:
What are the possible consequences if a road user causes a traffic accident and simply continues driving without informing the police?
According to § 142 I StGB, anyone who, as a party to an accident, leaves the scene of a road traffic accident without permission is liable to imprisonment for up to three years or a fine.
In addition, there is a risk of driving license measures, such as the revocation of the driving license, if significant damage has been caused to third-party property. The limit for significant damage to property within the meaning of § 69 para. 2 no. 3 StGB is at least approx. €2,000.00. A conviction can also result in a driving ban of one to three months.
What is the procedure if the defendant claims that he did not notice the damage?
Only intentionally leaving the scene of an accident is punishable. If the defendant did not perceive the collision either acoustically, tactilely or visually, the criminal proceedings must be discontinued or the defendant must be acquitted by the competent court at the hearing. An expert opinion is often obtained to investigate the question of observability.
Does the road user fulfill their duty of care by leaving a note on the windshield?
No, this is one of the most common legal fallacies. If no person willing to make a report is present, the parties involved in the accident have the duty to wait a reasonable period of time before leaving the scene of the accident. Even in the case of significant damage, a waiting period of about 20 minutes is sufficient. If the culprit fulfills the waiting obligation, this does not yet lead to final impunity. He must enable the findings to be made immediately afterwards. In any case, it is best for the road user to call in the police after the accident. A defendant should definitely seek legal assistance.
What options are there for getting such proceedings dropped?
Unauthorized removal from the scene of an accident is a mass offense. Even in the case of defendants with no prior criminal record, there is the possibility of discontinuing the proceedings due to minor fault in exchange for payment of a fine, even in the case of an accident that cannot be dismissed out of hand.
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.