How can I file an objection against a penalty notice?
December 13, 2023 | 40,00 EUR | answered by Ben Bergmann
Dear traffic lawyer,
My name is Babette Lichtenberg and I recently received a fine notice which I would like to contest. The situation was as follows: I was caught speeding 20 km/h over the limit on the highway and subsequently received the fine notice. However, I believe that the speed measurement was faulty as I was adhering to the prescribed speed limit.
I am concerned that I may have to pay the fine despite behaving correctly. Therefore, I would like to know how I can contest the fine notice and what steps I need to take. Are there any specific deadlines that I need to adhere to? What documents do I need for the appeal?
I am also interested in the chances of success of my appeal and what possible consequences there could be if my appeal is rejected. Is there perhaps also a possibility for me to defend myself against the fine in court?
I would appreciate a detailed response and guidance to help clarify my concerns. Thank you in advance.
Sincerely,
Babette Lichtenberg
Dear Mrs. Lichtenberg,
Thank you for your inquiry regarding the fine you have received. It is understandable that you have doubts about the speed measurement and therefore wish to file an objection. In such cases, it is important that you follow certain steps and deadlines to increase your chances of success.
To file an objection against the fine, you must submit a written objection to the competent district court within 14 days of receiving the notice. In your objection, you should clearly state your reasons for contesting the fine, especially the allegation of incorrect speed measurement. It is advisable to seek advice from a specialist lawyer in traffic law to ensure that your objection is legally correctly formulated.
For the objection, you will usually need a copy of the fine notice, your driver's license, and possibly other relevant documents such as witness statements or expert opinions that can prove your innocence.
The success of your objection depends on various factors, such as the evidence and the quality of the speed measurement. If your objection is rejected, the fine may remain in place and you may have to bear court costs and lawyer fees. In this case, you have the option to defend yourself in court and present your arguments again.
I strongly recommend that you seek advice from an experienced lawyer in traffic law to best represent your rights. A lawyer can help you assess the chances of success, plan the necessary steps, and represent your interests in court.
I hope that this information has been helpful to you and I am available to answer any further questions you may have.
Sincerely,
Ben Bergmann
Lawyer specializing in traffic law
