Statute of limitations for a fine
October 10, 2009 | 30,00 EUR | answered by Andreas Scholz
Dear Sir or Madam Attorney,
On July 7, 2009, my vehicle was caught speeding by a speed camera. On the day of the offense, my brother was the driver of the vehicle. On August 1, 2009, I received a hearing notice, to which I did not respond.
On October 6, 2009, I received a fine notice with a driving ban due to a repeat offense by registered mail. I would like to object within the deadline and indicate my brother as the actual driver on the day of the offense.
I have heard of a so-called statute of limitations for prosecution after three months. Can my brother invoke this in his defense if he is confronted with the accusation more than three months after the offense?
What else should be considered in this case?
Thank you for your efforts.
Sincerely,
Your client
Dear inquirer,
the deadline for appealing against the fine notice is two weeks.
According to § 24 paragraph 3 StVG, the statute of limitations for prosecution is generally three months. The deadline begins with the completion of the act punishable by fine, which in this case was on 7. 7. 09.
The hearing notification sent to you did not interrupt the statute of limitations, as interrupting actions generally only affect the person to whom the interrupting action refers, in this case, only you.
If you now indicate your brother as the driver, the statute of limitations will still start from the day of the offense on 7. 7. 09. Therefore, the statute of limitations occurred on 8. 10. 09, making prosecution of your brother due to the statute of limitations impossible.
I hope this information helps. If you have any further questions, please feel free to ask.
Kind regards,
Andreas Scholz, Attorney
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