Avoiding driver's license suspension ??
April 10, 2013 | 30,00 EUR | answered by Jan Wilking
Here is the case again (which happened in November 2011):
Hit-and-run or not? An employee caused an accident and drove in panic for 400-600 meters. She had only heard a loud noise before and hit her head on the window. Upon inspecting the vehicle, she realized she was involved in an accident. She then - in shock - called her employer and informed them of the accident, stating that she was going to return to the scene. However, the employer noticed she was in shock and prohibited her from driving to prevent further incidents. Instead, he went to accompany the employee back to the accident scene. Unfortunately, this took about 1.5 hours in total. There was a delay of about 1.5 hours between the accident and the second call from the accident site.
Upon arrival at the accident site, she called the police and admitted her involvement in the accident. This was recorded on the spot after a wait for the police of about 1 hour. There was only property damage, no personal injury. The damage to the other vehicle was approximately 3400 euros, and to her own vehicle around 2000 euros.
Now in April, a fine of 1200 euros and a 9-month driving ban have been issued. It seems that the fact that the driver returned to the accident scene was not taken into account at all. Is it advisable to appeal against the fine with the aim of accepting the monetary penalty but avoiding the driving ban? Or is this not achievable? Is it likely that a medical-psychological assessment (MPU) will be ordered after the 9-month driving ban? The employer will have to terminate the employment contract as the driver is dependent on the driving license during working hours.
Dear inquirer,
I am happy to answer your inquiry taking into account the description of the situation and your input as follows:
According to § 69 paragraph 2 of the German Criminal Code (StGB), the perpetrator of a hit-and-run accident (§ 142 StGB) is generally considered unsuitable to drive motor vehicles, so the driver's license must be revoked. However, "generally" only expresses a legal presumption that can be rebutted. Since leaving the scene of an accident according to § 142 StGB can be punished with imprisonment or a fine, there is basically the possibility to reduce the penalty to a fine without revoking the driver's license. Based on your description, the leaving of the accident scene and the delay in returning to the scene were primarily due to the driver's state of shock in connection with the employer's prohibition of continuing the journey, so there are indeed chances to shorten or avoid the revocation of the driver's license in case of an objection. While proving a state of shock is subject to high requirements (usually requiring a medical certificate), in this case, at least the employer can be called as a witness who can explain the reasons that led him to believe in a state of shock and why he prohibited the driver from continuing the journey. If not already done, a defense attorney specializing in traffic law should be consulted immediately.
If the driver's license is revoked due to leaving the accident scene, it is not necessarily required to submit a medical-psychological assessment (MPU) for reinstatement. This is particularly the case when the individual is dependent on the driver's license for their profession, see for example the Higher Administrative Court of Saarlouis (Case No.: 1 W 33/06).
I hope to have provided you with a helpful initial orientation. If you have any uncertainties, please use the free follow-up function.
Please note that without knowing all circumstances, I cannot provide a conclusive advice within the scope of this initial consultation. If you seek a final assessment of the situation, I recommend contacting a lawyer and discussing the situation with them while reviewing all documents.
Best regards
