A moment of impatience on the motorway, flashing headlights in the outside lane, a hard braking manoeuvre after an argument at the lights – and weeks later a letter from the police arrives. The accusation: coercion in road traffic (Nötigung im Straßenverkehr). It is usually based on a complaint by another driver who noted your number plate.
In Germany this is a criminal offence, not just a traffic fine – which surprises many drivers from abroad. Besides a criminal fine, you may face a driving ban, withdrawal of your licence and penalty points. Yet the line between a traffic offence and a crime is often hard to draw, and the evidence is frequently thin. For an overview of the whole field, see our page on criminal traffic law.
When does driving become coercion?
Under § 240 of the Criminal Code (StGB), it is an offence to force another person to act in a certain way by violence or by threatening serious harm. In traffic cases the issue is usually violence. The Federal Constitutional Court did not object on constitutional grounds to treating close, intimidating tailgating as violence, especially combined with the horn or flashing headlights (order of 29 March 2007 – 2 BvR 932/06). The driver in front must feel real physical pressure, such as fear of a rear-end collision, not mere annoyance.
In addition, the conduct must be reprehensible in relation to its purpose (§ 240(2) StGB). A brief spell of close driving while trying to overtake is generally not enough. Courts look at duration, intensity, speed, distance and traffic conditions. Attempted coercion is also punishable.
Typical accusations
Tailgating
Tailgating only becomes a crime if it continues over a significant distance and puts considerable pressure on the driver in front. If coercion cannot be proven, what often remains is a fine for a tailgating offence – with far less serious consequences.
Brake-checking
Braking hard for no reason in front of another driver to “teach them a lesson” or force them to stop can amount to coercion. If the driver at least accepts the risk of a collision, the more serious offence of dangerous interference with road traffic may apply.
Flashing headlights and the horn
Outside built-up areas, a short flash of the headlights may announce overtaking. Using them persistently to push the driver in front out of the lane is at least a regulatory offence, and combined with close tailgating it can become coercion.
Blocking
Deliberately preventing someone from overtaking, refusing to let them merge or blocking their way can also qualify. Simply driving slowly or hogging the outside lane is usually not enough.
Related offences: endangerment, interference, racing
Other offences are often considered too. The differences matter most for your licence:
| Offence | Core of the accusation | Penalty range |
|---|---|---|
| Coercion (§ 240 StGB) | forcing another person to act by violence or threat | up to 3 years or a fine |
| Endangering road traffic (§ 315c StGB) | driving while unfit to drive, or grossly negligent and reckless driving such as dangerous overtaking, each causing concrete danger to people or property of significant value | up to 5 years or a fine |
| Dangerous interference (§ 315b StGB) | using the vehicle deliberately as a weapon or obstacle, at least accepting possible harm | up to 5 years or a fine, more in serious cases |
| Prohibited car race (§ 315d StGB) | taking part in a race or driving recklessly to reach the highest possible speed | up to 2 years or a fine, up to 5 years if others are endangered |
For §§ 315c and 315d, the law treats withdrawal of the licence as the rule (§ 69(2) StGB). For coercion it does not; the court must give reasons why the offence shows you are unfit to drive. If alcohol was involved, the rules on drink and drug driving apply in addition.
Penalties, driving ban, licence and points
Coercion carries a fine or up to three years in prison. For first offenders without an accident, a fine is common, calculated in daily rates based on net income. The case may also be dropped, for example against a payment. For many drivers the consequences for the licence weigh more heavily:
- Driving ban (Fahrverbot): the court can ban you from driving for one to six months (§ 44 StGB).
- Withdrawal of the licence (Entziehung der Fahrerlaubnis): if the court finds you unfit to drive, it withdraws the licence and sets a period before a new one can be issued (§ 69 StGB). In serious cases this can happen provisionally.
- Points: a conviction for coercion while driving leads to two points in the Flensburg register with a driving ban, three with withdrawal.
With a foreign licence, a ban or withdrawal applies to your right to drive in Germany. More on this on our page on driving bans and licences.
Evidence: witnesses, who was driving, dashcams
Many cases rest solely on the statement of the driver who felt pressured and their passengers. Their perception is often coloured by anger and stress, and distances or speeds can hardly be judged reliably in a rear-view mirror.
A second point is who was driving. The complaint usually names only a number plate. As a suspect, you do not have to say anything, including who was at the wheel, and close relatives may refuse to testify. If witnesses cannot describe the driver reliably, the offence may not be attributable to anyone.
Complainants often submit dashcam footage. The Federal Court of Justice ruled for civil cases (judgment of 15 May 2018 – VI ZR 233/17) that permanent recording breaches data protection law, but the footage may still be used as evidence after weighing the interests in the individual case. In criminal and fine proceedings, too, higher courts have so far not treated a data protection breach as an automatic bar to using it.
Received a summons or penalty order? What to do
- Stay silent. As a suspect, you do not have to attend a police interview or comment on the accusation. You must give your personal details. A summons from the public prosecutor or the court must be obeyed, but your right to silence applies there too.
- Instruct a defence lawyer. A lawyer can inspect the case file. Only then will you know what the witnesses said and whether there is video footage.
- Protect your licence. If provisional withdrawal is a risk, act quickly. A common aim of the defence is an outcome without a licence measure.
- Watch the deadline. You can object to a penalty order (Strafbefehl) within two weeks of service, even if it is written only in German. After that it has the effect of a final judgment.
Criminal cases from Berlin are heard at first instance by the Tiergarten local court (Amtsgericht Tiergarten). Aleksander Sigal, Fachanwalt für Verkehrsrecht, defends drivers accused of coercion and advises you in English. Call 030 86 20 12 40 or use the contact page. If the accusation follows an accident after which you drove on, see also our page on hit and run.
This article gives a general overview of German law (as of October 2026) and does not replace advice on your individual case.