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Am I allowed to use my phone while driving?

Dear lawyer,

I have a question regarding traffic law and hope that you can help me. My name is Emil Eder and I am frequently on the road for work. Lately, I have noticed many drivers using their phones while driving, whether it be for calls, texting, or navigation. Now I am wondering if I am allowed to use my phone while driving.

I am aware that using a phone while driving can lead to dangerous situations and is also legally prohibited. However, there are sometimes situations where I need to be reachable urgently or receive an important message. I do not want to risk a fine or points on my license in Flensburg.

So my question to you is: In which cases am I allowed to use my phone while driving and what consequences may I face if caught doing so? Are there any possible exceptions or alternatives to drive safely and in compliance with the law?

I thank you in advance for your help and advice.

Kind regards,
Emil Eder

Jenny König

Dear Mr. Eder,

Thank you for your question regarding the use of a mobile phone while driving in the context of traffic law. I am happy to provide you with a detailed answer to your inquiry.

In Germany, the use of a mobile phone while driving is generally prohibited, as it can lead to significant distraction and therefore endanger road safety. This applies not only to making phone calls, but also to sending messages, reading messages, and using navigation devices. It is important to emphasize that using a mobile phone while driving is considered a traffic offense and will be punished accordingly.

However, there are exceptions where the use of a mobile phone while driving is allowed. For example, it is permitted to use the phone while driving to avert an immediate danger or for making an emergency call. This means that you are allowed to use your phone to make an emergency call (e.g. in the event of an accident) or to alert the police if you observe a hazardous situation on the road.

Furthermore, you have the option of using a hands-free device to make phone calls while driving. The use of a hands-free device is generally allowed, as it allows you to keep both hands on the steering wheel and therefore ensure road safety.

If you are caught using a mobile phone while driving, you may face a fine and points on your driving record in Flensburg. The exact amount of the fine depends on the specific situation, but can be up to 200 euros. In addition, in case of serious violations, a driving ban or an increase in the fine may also be imposed. Therefore, it is advisable to avoid using your phone while driving and to use alternative methods to ensure safe and compliant driving.

As an alternative to using a mobile phone while driving, I recommend answering important messages or making calls before starting your journey to avoid distractions while driving. Additionally, you can mute your phone or activate airplane mode to avoid receiving notifications while driving.

I hope that this information has been helpful to you and I am available to answer any further questions you may have.

Best regards,

Jenny König

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Jenny König