A camera flash, a questionnaire from the authorities or a yellow envelope containing a fine notice (Bußgeldbescheid): for many drivers in Berlin, this is their first contact with German traffic law. The notice is not final until the appeal deadline has passed, and the authority has to prove the allegation.
Aleksander Sigal is a Fachanwalt für Verkehrsrecht – a lawyer certified in traffic law by the regional Bar – based in Berlin-Wilmersdorf. He advises in English, German and Russian, so you can discuss your case in English even though every official letter will be in German.
How German fine proceedings work
The procedure follows the Administrative Offences Act (OWiG), and you can influence the outcome at each stage.
- Hearing. You usually receive a hearing letter (Anhörungsbogen) as the suspected driver, or a witness questionnaire (Zeugenfragebogen) as the registered keeper. Personal details are compulsory; you may stay silent on the allegation. See Anhörungsbogen – what to do.
- Fine notice. The authority sets the fine, any penalty points and possibly a driving ban. In Berlin this is usually the fines office of the Berlin police (Bußgeldstelle). The notice is formally served, typically in a yellow envelope.
- Objection. You have two weeks from service to lodge an objection (Einspruch, § 67 OWiG). If the deadline ends on a weekend or public holiday, it runs until the next working day.
- Review by the authority. The fines office reconsiders the case (§ 69 OWiG) and may withdraw the notice. Otherwise it sends the file via the public prosecutor to the local court.
- Local court. Berlin fine cases are heard by the Amtsgericht Tiergarten, after a hearing or, if nobody objects, in writing. In certain cases a further appeal on points of law (Rechtsbeschwerde) to the Kammergericht, Berlin's higher regional court, is possible.
Caution or fine: what is the difference?
For minor offences the authority issues a caution with a payment (Verwarnungsgeld) of €5 to €55 (§ 56 OWiG). Once you accept and pay it on time, the matter is closed – no fees and no entry in the Flensburg register.
Where the catalogue of fines provides for €60 or more, or you do not pay a caution, you receive a fine notice. A fee of 5 per cent, at least €25, plus expenses such as €3.50 for service are added (§ 107 OWiG).
| Feature | Caution | Fine notice |
|---|---|---|
| Amount | €5 to €55 | standard rates from €60 |
| Fees and expenses | none | usually at least €28.50 |
| Penalty points | no | 1 or 2, depending on the offence |
| Driving ban | no | possible (1 to 3 months) |
| Remedy | do not pay – proceedings follow | objection within 2 weeks |
Access to the file: why your lawyer requests it in full
Whether a fine notice can be challenged usually becomes clear only from the case file: the measurement log, photos, calibration certificate, proof of the operator's training and the officers' notes.
You may apply for access yourself (§ 49 OWiG), but access can be restricted, and measurement data or device documents are often not in the file at all. A defence lawyer has a comprehensive right of inspection (§ 147 StPO with § 46 OWiG) and knows which documents are typically missing – such as the digital measurement file, maintenance records or the operating manual.
Following a decision of the Federal Constitutional Court (order of 12 November 2020 – 2 BvR 1616/18), such documents can be requested if they may be relevant to the defence. The request must be made in good time, usually while the case is still with the fines office. Where necessary, an independent expert analyses the data.
Limitation: six months since July 2026
Since 1 July 2026, the limitation period for regulatory offences under § 24(1) StVG, such as speeding, running a red light or using a phone at the wheel, is as a rule six months from the day of the offence, both before and after a fine notice (§ 26(3) StVG). Previously it was three months until the fine notice was issued and six months thereafter. Drink- and drug-driving under § 24a StVG and breaches of the alcohol ban for new drivers under § 24c StVG are not covered: § 31(2) OWiG applies, giving one or two years under § 24a StVG depending on intent or negligence, and six months under § 24c StVG.
Certain steps by the authority interrupt the period, which then starts again (§ 33 OWiG) – above all the order to hear the suspect and the fine notice, if served within two weeks. An interruption only affects the person it is directed at: a questionnaire sent to the keeper does not interrupt the period for a different driver.
For offences under § 24(1) StVG, prosecution is as a rule time-barred two years after the offence unless a judgment has been given by then. For offences before 1 July 2026, the old three-month period may still matter – we check this using the dates in the file.
Common weak points in fine proceedings
Measurement and formal errors happen; only the file shows whether there is one in your case.
Measurement
Devices must be validly calibrated and operated exactly according to the instructions by trained staff. Courts treat approved devices as a "standardised measuring procedure" and only look closer if there are concrete doubts, which the defence has to establish. Details: speeding and speed cameras, red light offences and tailgating.
Driver identification
In Germany the driver is liable for moving offences, not the registered keeper, so the authority must prove who was at the wheel. A blurred photo or a covered face makes that difficult. In mobile phone cases, the question is also whether the evidence really shows the device being used.
Service and errors in the notice
A notice that is not properly served – for example, sent to an old address – does not interrupt the limitation period, although a defect may be cured if the letter actually reaches you. The notice must also describe the offence by time and place precisely enough to rule out confusion (§ 66 OWiG).
Points, driving bans and other consequences
Penalty points in the driver fitness register in Flensburg and a driving ban (Fahrverbot) of one to three months weigh more heavily; at 8 points the licence is revoked. See penalty points in Flensburg and driving bans and licences.
| Offence | Fine | Points | Driving ban |
|---|---|---|---|
| 21–25 km/h over the limit in town | €115 | 1 | – |
| 31–40 km/h over the limit in town | €260 | 2 | 1 month |
| Red light, less than 1 second | €90 | 1 | – |
| Red light, more than 1 second | €200 | 2 | 1 month |
| Mobile phone at the wheel | €100 | 1 | – |
For new drivers, a single serious offence such as 21 km/h over the limit or a red light offence can lead to a compulsory course and a longer probation – see probationary licence.
Foreign licence, rental car, letter only in German
- Letter only in German: the two-week deadline runs whether or not you understood the letter. Send us a photo straight away and we will explain it in English.
- Rental car: the rental company usually passes your details to the authority, which then writes to you – often at your address abroad. Many companies also charge an administration fee.
- Foreign licence: a German driving ban applies to driving in Germany whatever licence you hold. EU and EEA licences of German residents are kept by the authorities for the duration; in other foreign licences the ban is noted (§ 25 StVG).
- Living abroad: German fines can, in principle, be enforced in other EU member states, so ignoring a notice is rarely wise.
When is an appeal worth it?
An objection is worth considering in particular if
- a driving ban is threatened and you depend on your licence,
- the new entry would take you to 4 or more points, or you are on probation,
- the photo does not clearly show you,
- there are doubts about the measurement, the signs or the procedure,
- legal expenses insurance covers the costs.
The objection can be limited, for example to the driving ban (§ 67(2) OWiG), and withdrawn until judgment. After a hearing, however, the court is not bound by the notice and may impose a higher fine – another reason to decide on the basis of the file.
German legal expenses insurance (Rechtsschutzversicherung) with traffic cover usually pays lawyer's, court and expert fees, less any excess, and the firm handles the request for cover. Without insurance, statutory fees under the RVG apply. More on fees and legal expenses insurance. To get started, send your documents via the contact form or call 030 86 20 12 40.
This article gives a general overview of German law (as of October 2026) and does not replace advice on your individual case.