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red light violation - No increased fines despite a long period of red light

When a red light violation by over 1 second is called a qualified red light violation. This is followed by one month driving ban, 4 points on their driving and € 200.00 fine.
showed in this case from the year 2009, the traffic light already red light seven seconds. The question was how is the person with such a violation punishable! This failure prompted the District Court zoo to increase the fine and the ban dramatically. The verdict was in before the Supreme Court, however, not last. In the current edition of the fine catalog provided Regelbuße is higher than in so-called simple red light violations already. Consequently, when imposing the Regelbuße for a qualifying offense already takes into account the increased red abstract danger by the long duration of the red light phase.

because the increase of the fine in the case of the presence of a qualified red light violation has its origin in the fact that for more than a second sustained period of red light already may, on cross-traffic in the through the red light suspended driving range (Senate Decision of 7 October 2002-3 Was (B) 364/02 further references). In the case of - as the district court accepted - already seven seconds lasting period of red light is not beyond you can abstract danger that could justify a further increase of the fine. Because of the interaction between the fine and ban the error of law recognized in setting the fine, the entire legal consequence statement, and hence the ban.

The Court of Appeal looked to further increase due to the particularly long duration of the period of red light to right no reason. It remained with the Regelbuße.
For Decision: KG Berlin Decision of 13 January 2010 (3 Was (B) 714/09, 2 Ss 267/09 - 3 Was (B) 714/09)

About the Author: Attorney Thomas Brunow lawyer for traffic law in Berlin. Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims and those affected by road accidents on traffic violations (hit and run fine, points on their license, etc.) quickly and unbürokratisch.mehr info: www.verkehrsrecht-24.de
Tel: 030 / 226 35 71 13

lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin