Avoiding a driving ban: These are the options you really have

When does a driving ban loom?

A standard driving ban (Regelfahrverbot) applies, among other things, to speeding offences of 31 km/h or more inside built-up areas or 41 km/h or more outside built-up areas, to a qualified red light violation, to serious tailgating violations and to driving under the influence of alcohol or THC. Added to this is the repeat-offender driving ban: twice 26+ km/h within one year.

Route 1: Attack the allegation itself

The cleanest route: if the measurement is shaky, the driving ban (Fahrverbot) falls with it. That is why every case starts with a review of the measurement log, calibration and procedure – see speed camera measurement errors. Bringing the value down below a catalogue threshold (e.g. through additional tolerances) also removes the standard driving ban.

Route 2: Waiving the driving ban in exchange for a higher fine

Under sec. 4 para. 4 BKatV, courts can refrain from imposing the driving ban and increase the fine instead (often to double the amount). Promising arguments:

• Threat to livelihood / occupational hardship: professional drivers, field sales staff, self-employed people whose business depends on their driving licence. Important: provide concrete evidence (employer certificate, order situation), do not merely assert it.
• Momentary lapse (Augenblicksversagen): for instance a simply overlooked sign despite otherwise faultless driving – recognised e.g. where signage was obscured or atypical.
• Situations akin to necessity: medical emergency, urgent need for a toilet – narrow, but real, existing case law.

Route 3: Using the passage of time

If more than about two years pass between the offence and the conviction, the driving ban loses its educational purpose – courts then often refrain from imposing it. This is another reason why well-considered conduct of the proceedings can make time your ally.

If it cannot be avoided: limit the damage

• First-time offender privilege (sec. 25 para. 2a StVG): If you have had no driving ban in the last two years, you can choose the surrender date yourself within 4 months – e.g. placing it in your annual holiday.
• Driving ban months run in parallel if several bans become final at the same time.

Bottom line: Whether one of these strategies works in your case depends entirely on the individual circumstances – and that is exactly what the free initial review clarifies.