An objection against a fine notice (Bußgeldbescheid) can be lodged within two weeks. Anyone who misses this deadline usually has to accept the fine, penalty points and any driving ban.
Hearing form or fine notice?
Often a hearing form (Anhörungsbogen) arrives first. You must provide personal details, but you do not have to comment on the matter itself. You are not obliged to name yourself as the driver. If you receive a witness questionnaire because the authority is trying to identify the driver, you may refuse to testify against close relatives. If the driver cannot be identified, however, the authority may require a logbook to be kept for the vehicle.
The deadline for objection
The objection must reach the authority that issued the fine notice within two weeks of service (section 67(1) Administrative Offences Act, OWiG). It must be lodged in writing or recorded at the authority; no reasons are required at first. The date of service is shown on the yellow envelope. Keep it.
Limitation
For most traffic offences, the limitation period is three months as long as no fine notice has been issued, and six months thereafter (section 26(3) Road Traffic Act, StVG). Certain steps by the authority interrupt the limitation period. Whether limitation has in fact occurred can only be assessed reliably on the basis of the file.
Is an objection worthwhile?
That depends on the individual case. Through a lawyer, the file can be inspected: measurement record, calibration certificate, training records of the operators and the evidence photo. Often the question is whether the driver can be identified in the photo and whether the measurement was carried out properly.
The objection can also be limited to the legal consequences, for example to avoid a driving ban in a case of particular hardship in return for a higher fine. After an objection, the court is not bound by the fine notice. However, the objection can be withdrawn until the court decides.
Driving ban
A driving ban lasts one to three months. If no driving ban has been imposed in the preceding two years, you can generally choose when it starts within four months of the decision becoming final (section 25(2a) StVG).
Many traffic legal expenses insurance policies cover the costs of fine proceedings. Clarify this early so that no time is lost.