What consequences await me if I am caught talking on the phone while driving?
April 16, 2022 | 30,00 EUR | answered by Jessica Lange
Dear traffic lawyer,
My name is Adele Bergmann and I recently committed a traffic offense that has me very concerned. I was caught using my phone while driving and now I am wondering what consequences I could be facing.
The situation was as follows: I was on my way to work and received an important call. Without much thought, I picked up my phone and answered the call while driving. Unfortunately, I was caught by the police.
I am aware that using a phone while driving is prohibited and I made a serious mistake. Now I am very worried about possible consequences. Could I face points in Flensburg? Do I have to expect a fine? Is there a possibility of a driving ban or even a suspension of my driver's license?
I am aware of my responsibility as a road user and would like to know how best to handle this situation. Are there any ways to reduce or even avoid the penalty?
I hope that you can assist me with your expertise and experience and I thank you in advance for your support.
Sincerely,
Adele Bergmann
Dear Mrs. Bergmann,
Thank you for your inquiry regarding the consequences that you could face after being caught using your phone while driving. It is understandable that you are concerned and thinking about potential penalties.
Using a phone while driving is considered a traffic offense and is punishable with a fine according to § 23 Abs. 1a StVO. The fine is usually 100 euros and you could also receive a point on your driving record in Flensburg. If you have already received a point within the last 24 months, this could lead to a driving ban. A driving ban is usually imposed for serious violations or repeated offenses.
It is important to note that holding the phone in your hand while driving is also considered a violation of traffic regulations, regardless of whether you were making a call or not. Therefore, it is advisable to completely put away your phone while driving and store it in the car.
To mitigate or avoid the penalty, you may consider filing an objection against the fine notice. In this case, you should seek advice from an experienced traffic law attorney who can professionally advise and represent you. There may also be the option to attend a remedial course to avoid the point in Flensburg.
It is important to admit the mistake and learn from it. Using a phone while driving not only poses a high risk of accidents but is also legally prohibited. By refraining from using your phone while driving in the future and focusing on the road, you contribute to increasing road safety.
I hope that this information has been helpful to you. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Jessica Lange
Traffic Law Attorney
