Phone at the wheel? The charge often stands on shaky ground.
No camera, no measuring device: with phone violations, almost everything depends on the police officer's observation. Brief glances, mix-ups and permitted forms of use frequently make the charge contestable.
Important: You can only appeal a German fine notice (Bußgeldbescheid) within two weeks of service (sec. 67 OWiG). After that it becomes final – including points and any driving ban.
Get it reviewed nowFine catalogue: phone while driving
| Violation | Fine | Points | Driving ban | Check appeal |
|---|---|---|---|---|
| Unlawful use of an electronic device (e.g. mobile phone) | 100 € | 1 point | – | Free review |
| … endangering others | 150 € | 2 points | 1 month | Free review |
| … resulting in an accident | 200 € | 2 points | 1 month | Free review |
Permitted or prohibited? The borderline cases
- Permitted: operating the phone in a cradle, voice control, a brief glance at the display.
- Permitted: picking up the phone with the engine switched off (e.g. while parked).
- Prohibited: picking up or holding it to call, type or take photos – even in a traffic jam.
- Disputed: merely moving the device without using it – according to case law, not a violation.
The distinction decides over €100 and a point – and your points balance matters: check it in the points calculator.
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What others ask about this charge
What does using a phone while driving cost in Germany?
€100 and 1 point in the standard case. With endangerment it becomes €150, 2 points and a 1-month driving ban; with an accident €200, 2 points and a 1-month driving ban.
May I operate the phone in a cradle?
Yes – as long as you do not pick it up or hold it and only glance briefly (“a short glance appropriate to the traffic situation”). Voice control is also permitted.
Does the ban also apply at a red light?
Yes, as long as the engine is running. Only with the engine fully switched off (not with automatic start-stop!) may you pick up the phone.
A police officer says he saw me on the phone – is that enough evidence?
The observation must be specific and reliable: for how long, from what distance, at what speed? Short observation times and mix-ups are classic defence angles.
Do calculators or MP3 players count too?
The ban covers practically all electronic devices for communication, information and organisation – including sat-navs, tablets and dictation devices, if you pick them up or hold them.
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