I was flashed, but I was not the driver - what now?
April 15, 2022 | 45,00 EUR | answered by Jessica Lange
Dear traffic lawyer,
My name is Wolfgang Kock and I recently received a fine notice accusing me of being caught speeding. However, at the time of the violation, I was not the driver of the vehicle. My car was borrowed by a friend who committed the traffic offense.
I am worried because as the owner of the vehicle, I am now being held responsible for the offense even though I am not at fault. I have already informed my friend that he must deal with the consequences himself, but I do not know how to defend myself against the fine notice.
I wonder if it is possible to identify the actual driver of the vehicle to prove my innocence. Or how can I prove that I was not behind the wheel at the time of the offense? What legal steps can I take to defend myself against this unfair treatment and challenge the fine notice?
I would be very grateful if you could give me your assessment of my situation and show me possible solutions. I hope for your professional support in this case.
Sincerely,
Wolfgang Kock
Dear Mr. Kock,
Thank you for your inquiry regarding the fine you have received. It is understandable that you are concerned and looking for ways to defend yourself against the speeding violation you have been accused of, even though you were not driving at the time of the offense.
In your case, as the owner of the vehicle, you have what is called owner liability according to § 25a StVG. This means that initially, as the owner of the vehicle, you are held responsible for the traffic violation. However, it is up to you as the owner to identify the actual driver of the vehicle to prove your innocence. In your case, where you have already stated that your friend was driving the vehicle at the time of the offense, it is important to name him as the actual driver.
It is also important to note that the driver may not want to take responsibility or may not be able to be identified. In this case, as the owner, you may still be required to pay the fine. However, there are ways to defend against this.
One option is to file an objection to the fine and point out the fact that you were not driving. For example, you can provide witnesses who can confirm that you were at a different location at the time in question and therefore could not have been driving. It may also be helpful to gather all relevant evidence, such as your driving log records or other documents that prove your absence at the time of the offense.
It is advisable to seek the assistance of an experienced traffic lawyer to ensure the best possible defense for you. A lawyer can help you take the necessary steps to challenge the fine and prove your innocence.
I hope this information is helpful to you and wish you success in defending against the fine. If you have any further questions or need additional support, please feel free to contact me.
Sincerely,
Jessica Lange
Traffic Lawyer
