What are the consequences of talking on the phone while driving?
January 19, 2024 | 40,00 EUR | answered by Jessica Lange
Dear lawyer,
I am contacting you because I was recently caught using my phone while driving and now I am worried about the consequences that await me. The background is that I had to take an important call while driving and therefore briefly picked up my phone to answer it. It was an urgent work matter that I could not ignore.
I am aware that using the phone while driving is legally prohibited and that I have violated traffic regulations. I am now concerned about what consequences I could face. Could I be at risk of receiving points on my driving record in Flensburg or even a driving ban? How high could the fine be and what impact would it have on my insurance?
I am very worried about my driver's license and would like to know if there are ways to mitigate or even avoid the penalty. Are there opportunities to justify or apologize for the incident? What steps should I take now to find the best possible solution for my situation?
I thank you in advance for your support and hope for a quick and helpful response.
Sincerely,
Norbert Schäfer
Dear Mr. Schäfer,
Thank you for your inquiry regarding the violation of the prohibition of talking on the phone while driving. It is understandable that you are concerned about the possible consequences that could result from this offense. I would like to provide you with a detailed answer on this topic.
First of all, I regret to inform you that talking on the phone while driving in Germany is a violation of the road traffic regulations and is accordingly penalized. If you are caught talking on the phone while driving, it can have various consequences.
Regarding points in the Flensburg register: In general, a fine of 100 euros and one point in the Flensburg register are imposed for a violation of the prohibition of talking on the phone while driving. A driving ban is usually not imposed for this offense, unless there is a danger to other road users or it is a repeated violation.
The fine of 100 euros is a common penalty for this violation, but it can be higher depending on the individual case. In addition, a violation of the phone ban while driving can also have implications for your car insurance. In some cases, it may lead to an increase in the insurance premium, as insurance companies consider violations of traffic rules as an increased risk.
However, there are also ways to mitigate or avoid the penalty. If it is a one-time offense and you can convincingly argue that it was for an urgent work-related matter, this could be considered as a mitigating circumstance. It is advisable to mention this during the hearing or as part of an appeal against the fine notice.
To find the best solution for your situation, I recommend consulting an experienced traffic law attorney. They can provide comprehensive advice, represent your rights, and help you develop the best possible defense strategy.
I hope that this information has been helpful to you and I am available for any further questions.
Sincerely,
Jessica Lange
Traffic Law Attorney
