Speeding fines in Germany hinge on an intriguing factor. Unintentionally breaking the speed limit will incur a less severe penalty than intentionally exceeding it. This concept emerged from a case involving a driver who surpassed the 100 km/h limit on a highway, justifying it by assuming the road was even and other vehicles were accelerating ().
The district court found the driver at fault for intentional speeding, imposing a €240 fine. However, the Higher Regional Court amended the verdict, categorizing the driver's behavior as negligent, and halving the fine due to the 'small difference' between the driver's speed and the end of the designated route.
Distinguishing between misjudgment of the situation and intentional rule violation is paramount in determining the fine amount, traffic lawyers from DAV emphasize. Acknowledging this difference can result in reduced fines for unintentional violations.
Reportedly, many drivers unknowingly break this rule in Germany, leading to negligent behavior on the road. In such circumstances, the violation may be classified differently, considering the context of ignorance.
The distinction that reduced the penalty in this case is the 'small difference' between the driver's speed and the end of the designated route. This nuanced classification between intentional and negligent speeding is vital in determining the fine.
The court's decision underscores the significance of distinguishing between misjudgment and intentional violation of traffic rules, which can greatly influence the fine amount.
Related Topics:
- When German drivers need a third license plate
- The best car of 2023 in Germany
- Which Car Tires Will Be Prohibited in Germany from 2024
Enrichment Data:
The International Classification of Crime for Statistical Purposes (ICCS) doesn't directly address speeding fines in Germany. Nevertheless, the distinction between intentional and negligent behavior is crucial in various legal contexts, including traffic offenses. In 2022, Germany introduced the specific offense of "causing serious injury by careless driving," differentiating it from the broader offense of "careless driving" which did not specify injury before 2022. This evolution hints at a potential shift towards a more precise classification of traffic offenses, resulting in varying penalties based on the degree of negligence or intent involved. Speeding fines in Germany are generally determined by the severity of the infraction, the speed, and aggravating or mitigating circumstances. Intentionally speeding, which could be perceived as reckless or dangerous driving, would likely result in a higher fine compared to negligent speeding. The fine structure would depend on the specifics of German traffic law.
Sources: [1] United Nations Office on Drugs and Crime (UNODC). Retrieved from <https://www.unodc.org/wdr2020/en/introduction-and-overview/introduction-to-the-criminal-justice-systems-snapshot-of-the-wdr-2020-methodology/. [2] Federal Gazette, Germany, December 1, 2022. Retrieved from .
