What is the difference between an administrative offense and a criminal offense in traffic law?
June 2, 2022 | 30,00 EUR | answered by Jessica Lange
Dear lawyer,
My name is Jakob Werner and I have a question regarding traffic law. I was recently caught speeding in my car and I am wondering whether this constitutes an administrative offense or a criminal offense. I am not sure about the exact difference between these two terms in traffic law and what consequences each may entail.
The situation is as follows: I was on my way to work and accidentally exceeded the speed limit. Shortly thereafter, I was caught speeding and received a fine. Now I am concerned that there may be more serious consequences looming.
Could you please explain to me what the difference between an administrative offense and a criminal offense in traffic law is? Are there specific criteria to determine whether it falls under one or the other? And what penalties or consequences are involved in each case for an administrative offense or a criminal offense in traffic law?
I would be very grateful if you could assist me with this and provide me with possible solutions.
Thank you in advance.
Sincerely,
Jakob Werner
Dear Mr. Werner,
Thank you for your inquiry regarding traffic law. I understand that you are concerned after being caught speeding and receiving a fine. I would be happy to explain the difference between an administrative offense and a criminal offense in traffic law, as well as the consequences of each.
An administrative offense in traffic law usually occurs when a traffic rule is violated. This includes, for example, exceeding the speed limit or driving under the influence of alcohol. Administrative offenses are typically punished with a fine. The amount of the fine depends on the severity of the violation and can vary from case to case. Additionally, points in Flensburg and a driving ban may be imposed.
A criminal offense in traffic law occurs when someone seriously violates a traffic rule and endangers others. Examples of this are leaving the scene of an accident or driving without a valid license. Criminal offenses in traffic law are punished with harsher consequences, such as fines, imprisonment, and possible revocation of the driver's license.
In your case, if you only exceeded the speed limit and were caught speeding, it is most likely an administrative offense. You have already received a fine that outlines the consequences for your violation. In this case, there are usually no further criminal proceedings or other serious consequences, as long as it is a simple speeding offense.
I recommend carefully reviewing the fine and, if necessary, filing a complaint if you dispute the violation. If you have any further questions or need legal assistance, I am available to help.
I hope that this information has been helpful to you. If you have any further questions, please do not hesitate to contact me.
Best regards,
Jessica Lange
Lawyer specializing in traffic law
