TRAFFIC LAW

TRAFFIC LAW PETERS Rechtsanwälte

All those who participate in everyday road traffic know that almost impossible to eliminate all risks and how quickly an accident or similar event can occur. In our traffic law department, we are committed to protecting your mobility and freedom of movement and to avert any economic disadvantages in events related to traffic law. The German traffic law is very braod and consists of numerous aspects and regulations of public and private law. We are aware of all of these regulations: PETERS Rechtsanwälte in Düsseldorf stands for competent, fast, and legally excellent advice in traffic law, whether in connection with a traffic accident, a warning or fine, or an impending driving ban. Our advice covers the entire field of traffic law including damages and contractual disputes, administrative offences, and criminal law. With our focus on commercial law, we particularly represent companies in all legal issues concerning their vehicle fleets.

REPRESENTATION UNDER PENALTY OF A FINE

We often perceive traffic law as the law governing administrative offences in road traffic.  We deal with the catalogue of warnings and fines, fine proceedings, administrative orders imposing fines, and appeals against them, sometimes in connection with charges to the public prosecutor's office. We are familiar with the central traffic register and the points system, as well as driving bans and logbook requirements. We know when the statute of limitations for traffic violations comes into effect and when and how to elegantly avoid an impending fine or even a driving ban.

The majority of the approximately half a million fine rulings in Germany every year, is based on speeding offences. We advise on the question to what extent the measurement with the radar device is correct and may be used and whether the use of radar warning devices was permitted and possible. In many cases, this enables us to avert or drastically reduce fines or even to suspend enforcement completely.

DRIVING BAN: ADVICE THROUGHOUT THE ENTIRE PROCEDURE

It is not uncommon for a speeding offence to be followed by an entry in the central traffic register and, where appropriate, by a withdrawal of driving licence and a driving ban. As a result of the penalty points reform in May 2014, the maximum limit of 18 penalty points has been lowered. If eight or more penalty points have accumulated in your account, the driving licence can be withdrawn for at least six months.

Another issue is that those affected do not simply get their driving licence back, but must submit an application for reissue to the driving licence office. This office then decides whether all the requirements for reissue are met and whether a medical-psychological examination (MPU) must be completed. We at PETERS Rechtsanwälte will advise you throughout the entire process and use our legal expertise to assist you in carrying out the medical-psychological examination.

Important fact: The person affected selects the assessment centre for driving suitability. There are no requirements here, provided that it is an accredited assessment centre. We recommend that you prepare very well for the medical-psychological examination in order to pass it at the first attempt. Studies by the Federal Highway Research Institute (BASt) show that over 80 percent pass the MPU at the first attempt if they gather information early and take advantage of professional advice.

TRAFFIC LAW AND CRIMINAL LAW ARE CONNECTED

Driving under the influence of alcohol can lead to the withdrawal of the driving licence and the ordering of an MPU. We clarify the essential questions in your interest: When may a breath alcohol test be carried out and when may its result be used? Whenis a blood draw permitted? Does this apply only to alcohol or also to driving under the influence of other substances, such as medication? In this way, we are able to protect you from the consequences of an alcohol or medication misuse in connection with traffic law andwe also represent you in potential criminal proceedings. The above also applies to violations of the ban on mobile phones for hands-free calls while driving.

We further advise in all cases of hit-and-run accidents - this is a serious criminal offence. In addition to criminal prosecution, insurance law consequences and costs are also incurred by the person causing the accident: according to sec. 142 of the German Criminal Code (StGB), a hit and run accident can be punished with a fine or imprisonment of up to three years. You may also be subject to two or three penalty points in Flensburg, a driving ban for a maximum of three months, and the withdrawal of your driving licence. Generally, the penalty depends on the amount of the damage.

CLAIMS SETTLEMENT DUE TO SPECIALISATION N INSURANCE AND LIABILITY LAW

One focus of our work in the traffic law department is the interface between traffic law and insurance law. The communication and handling of traffic accidents with insurance companies, the enforcement of claims for damages and compensation for pain and suffering, mercantile reduction in value, expert opinions, and loss of use - the enforcement of your claims in civil proceedings and the defence within administrative offence proceedings is ourspecial competence.

Once damage has occurred, fast and professional clarification and settlement is essential. This applies to both the private and the commercial sector. Thanks to our specialisation in insurance and liability law, PETERS Rechtsanwälte will accompany you throughout the entire process in the event of a claim and reduce your financial risks. We take care of the communication with the insurance company and the counterparty, enforce your claims, and fight off any claims against you.

By the way, as the victim to an accident we represent you free of charge. If you are not to blame for the accident even in part, the liability insurance of your opponent must cover the costs of the traffic lawyer. Therefore, you should use this free legal assistance after an accident to enforce your claims comprehensively and to prevent negative economic consequences.

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