Legal advice: German traffic violations

Courtesy of U.S. Army Garrison Wiesbaden Legal Office

If you or your dependant receives a traffic violation (i.e. speeding, running a red light, etc.) from the German authorities you will receive an administrative order.

The notice either comes through the mail, or will be served by your commander, immediate supervisor or the International Law branch of the legal office.

Once you received the administrative order or questionnaire, you only have a two-week deadline from the date of receipt, not from the date of postmark, to respond.

The administrative order is an offer made by the German authorities which provides you an opportunity to pay a fine for having violated German law instead of appearing in court.

An administrative order is not proof of guilt, and no judgment of guilt or innocence has been rendered. German law gives you the right to object to the violation notice. If you decide to protest the administrative order, you may do so in writing or by personally going to the issuing authority.

A written protest must make reference to the case file number and should state in detail the grounds for objection to the administrative order. The protest has to be written in German.

You have to file the objection within two weeks from the date the administrative order is served on you. The fact that the payment or protest, objection, is in the mail at the end of the stated period is not sufficient.

The payment or the protest must be received by the German authorities within the stated period. If you do not object, the order becomes final.

You should make a careful determination in contesting the administrative order because your total costs may substantially increase if later court proceedings result in a judgment against you.

If you are involved in an automobile accident, there may be a claim for injury or damage against your insurance company. Therefore, you should immediately inform your insurance company about the accident. Your insurance company might need a German police report or a military police report.

If you receive a German notice related to the accident, you should immediately report it to your insurance company.

Notifying the insurance company of the receipt of such a German document neither affects your rights, nor your obligations, under German law.

If you have further questions, contact your nearest legal assistance office.