On German roads, one mistake can quickly become a criminal offence: driving after a few beers, leaving after a parking scrape, overtaking in a way that puts others at risk. Unlike a traffic fine, this means a criminal penalty, an entry in the Federal Central Criminal Register (Bundeszentralregister) and, almost always, a risk to your driving licence.
Aleksander Sigal is a Fachanwalt für Verkehrsrecht – a lawyer certified in traffic law by the Bar association – based in Berlin-Wilmersdorf. He defends clients in English, German and Russian. This page explains how proceedings work, what rights you have and where a defence can realistically start.
Common traffic offences at a glance
Most cases revolve around a handful of offences. The actual sentence depends on fault, previous record and income.
| Offence | Provision | Penalty range | Licence |
|---|---|---|---|
| Drink or drug driving (Trunkenheit im Verkehr) | § 316 StGB | fine or up to 1 year | revocation as a rule |
| Endangering road traffic | § 315c StGB | fine or up to 5 years | revocation as a rule |
| Leaving the scene of an accident (Unfallflucht) | § 142 StGB | fine or up to 3 years | revocation if someone was injured or damage is significant |
| Coercion (Nötigung) | § 240 StGB | fine or up to 3 years | ban or revocation possible |
| Negligent bodily harm | § 229 StGB | fine or up to 3 years | driving ban possible |
| Driving without a valid licence | § 21 StVG | fine or up to 1 year | bar on a new licence possible |
| Illegal motor racing | § 315d StGB | fine or up to 2 years, 5 if others were endangered | revocation as a rule |
The most frequent allegations have their own pages: drink and drug driving, hit and run under § 142 StGB and coercion, tailgating and road rage.
How criminal proceedings work in Germany
It starts with a report by the police, the injured party or witnesses. In Berlin, the traffic investigation units of the police directorates handle it and pass it to the public prosecutor (Staatsanwaltschaft or Amtsanwaltschaft Berlin).
- Investigation. The police secure evidence, interview witnesses and send you a summons (Vorladung) or a written questionnaire (Anhörungsbogen).
- Prosecutor's decision. The case is dropped, a penalty order (Strafbefehl) is requested or an indictment (Anklage) is filed.
- Court stage. After an objection to the penalty order or an indictment, the case goes to trial.
- Consequences. Once final, the sentence, ban or revocation is enforced and recorded.
Police summons: your rights as a suspect
First check in what capacity you are summoned. As a suspect (Beschuldigter), you do not have to attend a police interview or say anything about the allegation. You only have to give your personal details. Your silence may not be held against you.
Witnesses (Zeugen) must attend if the summons is issued on behalf of the prosecutor, but close relatives may refuse to testify, and nobody has to incriminate themselves.
Do not ignore the letter, though – even if it is only in German. Cancel the appointment, ideally through your defence lawyer, who requests the file at the same time. Casual remarks at a roadside check ("I only had two beers") also end up in the police report.
Access to the file: read first, then decide
In practice, your defence lawyer receives the complete investigation file (§ 147 StPO): report, witness statements, photos and any expert reports – on blood alcohol, the amount of damage or whether an impact was noticeable at all.
Only then can you decide whether a written statement through your lawyer makes sense, whether to request further evidence, or whether asking the prosecutor to drop the case has a chance. Contradictions between witnesses or an inflated damage estimate often only show up here.
Licence seized: provisional revocation under § 111a StPO
If the police expect a court to revoke your licence – typically after drink driving or a hit and run with significant damage – they can seize the card on the spot. A judge then decides on provisional revocation (vorläufige Entziehung der Fahrerlaubnis, § 111a StPO). From then on, you may not drive any vehicle that requires a licence.
A complaint (Beschwerde) against that decision has prospects if the requirements are doubtful, for instance because the damage is lower than assumed. If the court finally revokes your licence, it sets a period of generally six months to five years before a new one may be issued (Sperrfrist); time already spent without a licence is taken into account. If you hold a foreign licence, you lose the right to use it in Germany. The difference from a temporary ban is explained under driving ban and licence; whether you will need an MPU assessment depends on the offence.
Penalty order: two weeks to object
Many cases end without a hearing, with a penalty order (Strafbefehl) issued on the basis of the file. It can impose a fine in daily rates (Tagessätze), a driving ban, or revocation with a bar of up to two years.
You can lodge an objection (Einspruch) within two weeks of service (§ 410 StPO). Otherwise the order becomes final, like a judgment. The objection can be limited to certain points, such as the amount of each daily rate. One risk: at trial the court is not bound by the order, so the result can be worse. Check the file before objecting.
Good to know: a first fine of no more than 90 daily rates does not appear on the certificate of good conduct (Führungszeugnis) if there are no other entries. It is still stored in the criminal register and in the Flensburg driver register.
Trial at the Local Court Tiergarten
In Berlin, the court of first instance is usually the Local Court (Amtsgericht) Tiergarten. Witnesses, police officers and, where necessary, experts are heard – for example on back-calculating blood alcohol. Your lawyer questions them, files motions and points out contradictions. The case can still be dropped at trial. An appeal (Berufung or Revision) must be lodged within one week of the judgment.
Dropping the case: what is realistic
If the allegation cannot be proven, the prosecutor must drop the case – for example if it remains unclear who was driving. There are also discretionary closures:
- § 153 StPO: minor guilt and no public interest, without conditions.
- § 153a StPO: in return for a payment or compensation. You get no criminal record and no points.
Realistically, these are mainly an option for first-time offenders with minor damage. Where revocation is at stake – for instance drink driving a motor vehicle at 1.1 per mille or more – closure is the exception, and there is never an entitlement to it.
Side effects: licence, points, insurance, residence
- Licence: a ban of one to six months or revocation; after certain offences, an MPU before a new licence.
- Points: usually two points in Flensburg, three with revocation, deleted after five or ten years – see penalty points.
- Insurance: your motor liability insurer pays the victim but can claim up to €5,000 back from you after drink driving or a hit and run.
- Legal expenses insurance: usually covers the defence, but can reclaim costs after a conviction for intent – see fees and legal insurance.
- Residence: for non-German nationals, a conviction can matter in residence or naturalisation procedures.
Received a summons or penalty order? Send it via the contact form or call – Mr Sigal will explain the German letter to you in English.
This article gives a general overview of German law (as of October 2026) and does not replace advice on your individual case.