Hearing in a fine proceedings
November 11, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
My son committed a speeding violation of 26 km/h outside of town during his probationary period. However, the car is registered in my husband's name. He is now required to provide information on whether he was the one driving or to disclose the driver of the vehicle. Does he have to provide this information, or can he refuse to make a statement? What happens if he does not provide any information? In the photo, my son is difficult to recognize, but he could still be identified. Thank you for your response.
Dear advice seeker,
Thank you for your inquiry!
Taking into account the information you provided, I would like to answer your questions summarily as follows:
Your son basically does not have to provide any information about the matter, as in Germany no one is compelled to incriminate themselves to the investigating authorities. He can therefore refuse to make a statement. The police will likely contact the father, as he is the owner of the vehicle, and ask who was driving. Ultimately, the father also does not have to provide any information, as he has the right to refuse to testify in regards to his son.
This will likely lead to the investigating authorities using the evidence photo to determine who was driving. However, seeing this photo will unfortunately not conclusively resolve the issue. You can assume that ultimately the matter may end up in front of a judge, who will have to decide whether your son can be identified as the driver based on the evidence photo.
If this result occurs, your son will also have to bear the costs of the proceedings. In the end, it should seriously be considered whether the father should pay the fine and accept the point on his license. If he pays without issue, there is a relatively high likelihood that no further investigation will be conducted to identify the driver. This is not a guarantee, but is based on practical experience.
I hope that my explanation has been helpful to you. You are welcome to contact me within the scope of the follow-up option on this portal or via my email address.
I would like to finally point out the following: The legal information I have provided is based solely on the facts you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive evaluation of the circumstances. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Wednesday afternoon!
Sincerely,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax. 0471/57774
