How can I defend myself against an unjustly imposed driving ban penalty?
April 17, 2024 | 30,00 EUR | answered by Jessica Lange
Dear traffic lawyer,
I am reaching out to you because I recently received a penalty in the form of a driving ban, which I believe was unjustly imposed. The situation was as follows: I was caught speeding and accused of significantly exceeding the allowed speed limit. However, I am certain that I was adhering to the prescribed speed limit.
After receiving the fine notice, I filed an objection and requested access to the evidence. Unfortunately, I was only sent a summary of the measurement results, but no concrete evidence such as photos or videos. As a result, the driving ban was imposed on me and I feel unfairly treated in my position as a wrongfully convicted individual.
My concern now is that the driving ban jeopardizes my professional existence, as I rely on my car to get to work. Therefore, I wonder how I can defend myself against this unjustly imposed penalty and if there are possibilities to challenge or lift the driving ban.
I would be very grateful if you could assist me in this matter and provide possible solutions to fight against the unjustly imposed driving ban penalty.
Sincerely,
Georg Lehmann
Dear Mr. Lehmann,
I understand your concerns and the worry about your professional existence due to the imposed driving ban. It is important that you defend yourself against the penalty, especially if you feel innocent. In such cases, there are various ways to challenge or lift the driving ban.
First and foremost, it is important that you gather all the documents and evidence you have available. This includes, for example, witness statements, photos, or videos that could prove your innocence. It is also advisable to seek professional support from an experienced traffic lawyer who can advise and represent you in this case.
In your case, since you have already lodged an appeal and have not received any concrete evidence, it would be sensible to request access to the files. This way, you can view all the documents related to the fine proceedings against you. This could uncover any possible errors or inconsistencies that could lead to challenging the driving ban.
Furthermore, there is the option to file a request for judicial review against the fine decision. A court can then re-examine the matter and make a decision on the driving ban. In many cases, courts come to different conclusions than the traffic authorities, so it is worth pursuing this route.
It is important that you act quickly and seek the advice of an experienced traffic lawyer to effectively defend your rights. With professional support, you have a good chance of lifting or at least reducing the driving ban, so that you can remain mobile.
I hope this information helps you and I am happy to assist you with any further questions or advice.
Sincerely,
Jessica Lange, Traffic Lawyer
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