Do I have to appear in court? The court hearing in fine proceedings

The short answer: yes – but usually not really

If the authority does not allow your appeal (Einspruch), it passes the case to the local court (Amtsgericht). You are then in principle obliged to appear in person at the main hearing (sec. 73 para. 1 OWiG) – even if the hearing falls in the middle of your working hours and the court sits at the other end of the district.

The good news: In our practice, eight out of ten clients are released from this obligation. The law provides for this in the form of the so-called release from the duty to appear (Entbindung) (sec. 73 para. 2 OWiG): on application, the court releases you from appearing in person – your defence lawyer then attends the hearing alone on your behalf (sec. 73 para. 3 OWiG). You do not have to take the day off and you do not sit in the courtroom.

The catch: the question of who was driving

The release has one precondition you need to know about: you have to address the core of the case – in speed camera cases, in practice, that means admitting that you were the driver (Fahrereigenschaft). The court only grants the release if your presence is no longer needed to clarify the facts.

That is why we follow a clear rule: The driver status is only admitted if you are clearly recognisable as the driver in the speed camera photo. If the photo is blurred, obscured, or may not even show you, admitting it would be a serious tactical mistake – in that case, driver identification is precisely your strongest line of defence, and the hearing plays out very differently.

Whether your photo is “clearly recognisable” is something we assess after file inspection – not based on your gut feeling.

What happens if I simply do not show up?

That is the most dangerous option: if you fail to appear at the main hearing without a release, the court dismisses your appeal (sec. 74 para. 2 OWiG) – the fine notice (Bußgeldbescheid) becomes final without any judge ever having looked at the measurement errors. The entire appeal will then have been for nothing.

That is why the application for release is part of the craft: filed in good time, properly reasoned, with a clear strategy on the driver status question.

How it typically goes with a defence lawyer

1. Appeal + file inspection – we examine the measurement, the procedure and the speed camera photo
2. Strategy decision – admit the driver status (the route to release) or contest it (identification defence)
3. Application for release – it is usually granted; you do not have to appear
4. Main hearing without you – your defence lawyer argues over measurement errors, the driving ban and discontinuation

By the way: a lot can be achieved even without a court hearing – a considerable share of proceedings end beforehand through discontinuation or withdrawal of the notice.

Received a court summons or planning an appeal? Have your case reviewed free of charge – we will also tell you whether the release from the duty to appear is an option for you.