Ask a lawyer on the topic of Traffic law

Red traffic light without speed camera

January 25, 2013 | 30,00 EUR | answered by Steffan Schwerin

The situation is as follows:

In front of a construction site traffic light (the road becomes single lane), the car in front of me slowed down during the green phase, and by the time the light turned yellow, the car had come to a stop. I passed the car, and I believe I crossed the intersection within the 1-second rule. Unfortunately, it was a civilian vehicle, and the police officers stopped me afterwards and now I have received the fine of 423€ and a 1-month suspension.

I do not feel guilty, as the driver rolled out during the green phase instead of smoothly following the traffic.

In my opinion, I crossed the intersection within the 1-second rule, but unfortunately, the duration of the yellow phases can vary.

My question is, is there any way I can avoid this disaster?

I travel a lot for work, so although a 1-month suspension of driving is not so bad, I cannot afford to have points on my record.

Thank you for your help!

Steffan Schwerin

Dear inquirer,

I am happy to answer your question as follows:

There is no such thing as the 1-second rule.

It is not allowed to drive through the traffic light when it is red - regardless of whether it has been red for one second or not.

There is only the so-called momentary lapse of attention.

After that, a red light violation that occurs within the first second after switching is not punished as severely.

However, it is still punishable.

Furthermore, it is aggravating that you overtook a vehicle waiting at the traffic light in order to cross the intersection.

All in all, the accusation is likely justified.

Nevertheless, it still makes sense to file an objection and have the matter reviewed.

It may be possible to at least lift the driving ban.

Sincerely,

Steffan Schwerin
Lawyer