File inspection in fine proceedings: What is in your case file – and why it is the key

The notice reveals almost nothing

A fine notice (Bußgeldbescheid) is an allegation on a page and a half: You were too fast, measured with device X, it costs Y. Whether that allegation holds up cannot be checked from the notice itself – the decisive documents are in the authority’s fine case file (Bußgeldakte).

What the fine case file contains

• Measurement log (Messprotokoll) – was the device set up and operated according to the rules? If the log is missing or incomplete, the entire measurement is on shaky ground
• Calibration certificate (Eichschein) – was the measuring device validly calibrated at the time of the offence?
• Training certificate (Schulungsnachweis) – was the operator trained for this exact device?
• Speed camera photo in full resolution – are you really identifiable as the driver on it?
• Signage plan / measurement site log – do the speed limit signs and distances add up?
• Maintenance and repair records of the device, sometimes statistics and raw measurement data
• Procedural data – service of documents, deadlines, interruptions of the limitation period

This is exactly where the typical measurement errors that bring down a fine notice are found – along with procedural errors that are invisible in the notice itself.

Why you can hardly get at the file yourself

As the person concerned, you only have a limited right to information; full file inspection (Akteneinsicht) – including measurement series, maintenance records and digital case data – is in practice only granted to a defence lawyer (sec. 49 OWiG in conjunction with sec. 147 StPO). The authority sends the file to the lawyer, not to you.

On top of that: evaluating the file takes experience. A missing stamp on the calibration certificate or a wrong device software version only stands out if you know what to look for – if in doubt, supplemented by a technical expert opinion (which is usually covered where you have legal expenses insurance).

The process with us

1. Free initial review – we look at your notice/hearing form and your details
2. Once retained: appeal (Einspruch) + request for file inspection (which also protects your deadline)
3. File evaluation – measurement, photo, procedure, limitation period
4. Clear recommendation: challenge, negotiate (e.g. avert the driving ban) or accept

Important for your deadline: File inspection often takes weeks – but the appeal must still be filed within two weeks of service. First the appeal, then the file, then the strategy. Start here with the free review.