speeding - Negligence or intent
The question of whether a speed violation is committed intentionally or negligently, plays a crucial role in determining the amount of the fine.
According to § 3 para 4 a the fine catalog-regulation: a fact of Section I of the fine catalog is intentionally caused for which a set of rules is provided by more than 35 €, then the rule set is given there to double ...
The Federal Council justified this change with the increase of traffic safety by improving the general and specific deterrence, greater differentiation in the prosecution of traffic offenses, depending on their culpability.
In practice, however, it is not so easy to determine whether the speed violation was committed intentionally or negligently. The authorities make it just fine in the rule and provide only for the established speed from.
The case law is overwhelmingly on the idea that the amount of detected speeding alone in committing an intentional can not be justified. Only based on local conditions can be combined with other circumstances, which include the speed at which to draw conclusions on the existence of intent or negligence.
cases from the case:
If the person concerned the permissible speed exceeded by more than 100% has to assume it is intentional. If the violation in a recognizable site area occurred, you need a mistake to overlook the speed limit does not discuss becoming (OLG Celle Dec. of 25 August 2005)
A resolution adopted is not objectionable if the speed limit of 100 km / h was exceeded on a main road by 57 km / hr. At a speed exceeding this size is already due to the visual impact of the environment during the trip possible that the driver is not aware. This applies even if found Is that the vehicle has developed this significant noise (OLG Hamm Dec. of 14 July 2008)
With three violations in a short time despite adequate signage is also speeding 13-19 km / h of intent be considered . The violations, however, are in such a case to be considered as concomitance ( OLG Jena decision of 29.10.2007).
to shake the accusation is not enough even to make known, to have overlooked the signs for simple negligence. Required is, of course, that the driver - Has complied with relevant speed limit - the rate-limiting without the signs. Thus in the case hard to see to it at a gross breach of duty no drivers to load, if it already exceeds the allowed maximum speed without traffic signals. This is usually sufficient even minor transgressions. (Example: drivers driving in a 30 - urban area with 55 km / h).
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law and member of the consortium Traffic Law in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations quickly and efficiently.
more info: www.verkehrsrecht-24.de
Tel: 030 / 226 35 71 13
lawyer Thomas Brunow is a partner Registry Prof. Dr. string & Partner Berlin
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