Endangering Road Traffic under § 315c StGB - Penalty, Driving Licence and Defence

Endangering road traffic under § 315c StGB - when a driving mistake becomes a criminal case

An accusation under § 315c StGB is much more serious than a simple traffic violation. This is not just about a fine, points or a temporary driving ban. It is a criminal case - with the risk of a criminal fine, possible imprisonment, withdrawal of the driving licence and a blocking period before a new licence can be issued.

Typical situations often look at first like an accident, a risky overtaking manoeuvre, running a red light, driving under the influence of alcohol or drugs, or a simple driving error. Under criminal law, this can quickly become the accusation of endangering road traffic.

The accusation is especially dangerous because the police and public prosecutor often check early whether the driving licence should be seized immediately or whether the court should provisionally withdraw the licence. Anyone who then makes careless statements can seriously worsen the situation.

"In cases under § 315c StGB, the question is not only whether a driving mistake happened. The decisive point is whether a concrete danger can actually be proven - and whether the driving licence can be defended."

— Tom Beisel, German Attorney

Attorney Tom Beisel defends accused persons throughout Germany in traffic criminal law cases, especially in matters involving endangering road traffic, accidents, alcohol, drugs, withdrawal of the driving licence and police summons.

What does endangering road traffic mean?

Endangering road traffic is regulated in § 315c StGB, the German Criminal Code. The provision covers particularly dangerous situations in road traffic.

In simplified terms, there are two main groups of cases:

• →driving despite being unfit to drive, for example due to alcohol, drugs, medication or physical or mental impairment
• →grossly traffic-violating and reckless conduct in certain particularly dangerous traffic situations

A driving mistake alone is not automatically enough. The decisive question is usually whether there was also a concrete danger to another person or to property of significant value.

This is often the most important point of defence.

Typical cases under § 315c StGB

In practice, criminal proceedings for endangering road traffic often arise after situations such as:

• →accident after driving under the influence of alcohol or drugs
• →risky overtaking with a near accident
• →right-of-way violation with concrete danger
• →red light violation with danger to others
• →excessive speed at unclear or dangerous locations
• →dangerous behaviour at pedestrian crossings
• →dangerous turning or reversing
• →driving in the wrong direction or wrong-way driving on motorways
• →unsecured accident scene or broken-down vehicle
• →driving mistake caused by fatigue, illness or medication

Not every one of these situations automatically fulfils § 315c StGB. The legal assessment depends on the case file, witnesses, accident traces, expert reports and the specific dangerous situation.

The difference between a traffic offence and a criminal offence

Many people underestimate the difference between an administrative traffic offence and a criminal case.

An administrative offence can be expensive and annoying. A criminal offence under § 315c StGB can have much more serious consequences:

• →criminal fine
• →imprisonment in serious cases
• →entry in the Federal Central Register
• →points in the driving aptitude register
• →withdrawal of the driving licence
• →blocking period before a new licence can be issued
• →problems with employer, job and insurance
• →possible immigration consequences for foreign nationals

Professional drivers, field staff, self-employed persons, entrepreneurs and people with uncertain immigration status should take the accusation very seriously.

Concrete danger - the central point of defence

§ 315c StGB usually requires a concrete danger. This means that more must have happened than merely abstractly dangerous conduct.

A concrete danger exists if, from the perspective of the prosecution, damage almost occurred and the fact that it did not occur was essentially only a matter of chance.

Examples may include:

• →another driver has to brake hard or swerve
• →a pedestrian can only narrowly get to safety
• →there is almost a head-on collision
• →another vehicle is narrowly missed
• →an accident occurs and there is significant third-party damage

But not every close situation is automatically criminal. The decisive question is what can actually be proven.

For the defence, it must be checked:

• →Who was specifically endangered?
• →What exactly was the alleged danger?
• →Are there independent witnesses?
• →Is there dashcam footage, photos, videos or accident evidence?
• →Was the danger really concrete or only theoretical?
• →Was the damage to third-party property really of significant value?
• →Are there contradictions in the police account?

If the concrete danger cannot be proven with certainty, the accusation under § 315c StGB may be open to attack.

Alcohol, drugs and § 315c StGB

§ 315c StGB is particularly relevant in cases involving alcohol or drugs in road traffic.

The distinction is important:

• →§ 316 StGB concerns drunk driving without concrete danger
• →§ 315c StGB concerns endangering road traffic if a concrete danger has additionally occurred

This means: anyone who drives under the influence of alcohol or drugs is not automatically guilty under § 315c StGB. But if an accident, near accident or concrete danger is added, the accusation becomes much more serious.

In alcohol and drug cases, the following must be examined carefully:

• →time of the drive
• →time of the blood sample
• →blood alcohol concentration
• →back-calculation
• →signs of impairment
• →driving behaviour
• →connection between consumption and danger
• →evidential value of medical findings
• →admissibility of the blood sample
• →statements made to police or doctors

Grossly traffic-violating and reckless - what does that mean?

For the traffic violations listed in § 315c StGB, not every mistake is enough. The conduct must be grossly traffic-violating and reckless.

"Grossly traffic-violating" means that the violation is objectively particularly serious. "Reckless" means that the driver disregards the interests of others for selfish reasons or acts out of indifference.

This is often an important point of attack.

A driving mistake can happen without the driver acting recklessly. A misjudgement, momentary inattention or a confusing traffic situation is not automatically recklessness in the criminal law sense.

Defence often means:

• →reconstructing the exact sequence of events
• →examining the traffic situation
• →assessing visibility and road layout
• →critically analysing witness statements
• →checking technical circumstances
• →challenging intent and recklessness
• →considering negligent or less serious legal classification

What penalties are possible for endangering road traffic?

Endangering road traffic can be punished with a criminal fine or imprisonment. In negligent cases, the sentencing range is lower, but the accusation remains serious.

In practice, the additional consequences are particularly important:

• →withdrawal of the driving licence
• →provisional withdrawal of the driving licence
• →blocking period before a new licence can be issued
• →points
• →higher insurance costs
• →professional consequences
• →problems with professional reliability
• →possible medical-psychological assessment depending on the case

The specific penalty depends on:

• →type of traffic violation
• →alcohol or drug level
• →amount of damage
• →danger to persons
• →previous convictions and prior entries
• →conduct after the incident
• →defence strategy
• →whether the driving licence can be kept or recovered faster

Driving licence gone - why § 315c StGB is especially dangerous

In cases under § 315c StGB, withdrawal of the driving licence is often at risk. This is different from a temporary driving ban.

A driving ban is limited in time. After it ends, the licence is returned.

If the driving licence is withdrawn, the licence expires. After the blocking period, it must be applied for again. Depending on the case, additional issues may arise, such as a medical-psychological assessment, further evidence or administrative checks.

The provisional withdrawal of the driving licence is particularly serious. In that case, the accused is not allowed to drive during the ongoing criminal proceedings - long before there has been a final judgment.

Police summons for § 315c StGB - do I have to go?

As an accused person, you generally do not have to attend a police interrogation and you do not have to make any statement on the facts.

In cases under § 315c StGB, remaining silent is often especially important. Many accused persons spontaneously explain things that later become problematic:

• →"I was only distracted for a moment."
• →"I only had two beers."
• →"I did not see the other person."
• →"I was tired."
• →"I just wanted to pass quickly."
• →"I thought there was still enough space."

Such statements may be humanly understandable. Under criminal law, however, they can support allegations of intent, negligence, unfitness to drive or recklessness.

The correct order is usually:

• →no statement on the facts
• →instruct a defence lawyer
• →apply for access to the case file
• →examine the accident file and evidence
• →determine the defence strategy
• →only then decide whether a statement is useful

Accident, witnesses and expert reports

Many cases under § 315c StGB depend heavily on the evidence.

Important evidence often includes:

• →accident sketch
• →photographs
• →traces at the scene
• →braking marks
• →vehicle damage
• →repair costs
• →witness statements
• →statements by the parties involved
• →dashcam or surveillance video
• →police report
• →blood sample
• →medical examination report
• →expert report

Not every police assessment is correct. Accident sequences are often reconstructed based on first impressions. Witnesses remember things differently. Parties involved may have their own interests. Damage is sometimes assessed incorrectly.

That is why the file must be read carefully. Sometimes it becomes clear only after file inspection that the allegedly obvious danger is actually uncertain.

Typical defence approaches

Depending on the case, different defence approaches may be possible:

• →no concrete danger can be proven
• →no danger to another person
• →no significant third-party damage
• →no recklessness
• →only simple negligence
• →unclear witness statements
• →contradictory accident sequence
• →measurement or investigation errors
• →blood sample or medical findings open to attack
• →unfitness to drive not proven with certainty
• →connection between driving mistake and danger not proven
• →withdrawal of the driving licence disproportionate
• →blocking period too long
• →termination against condition possible
• →reduction to a less serious accusation possible

Depending on the situation, the goal of the defence may be:

• →termination of proceedings
• →avoiding an indictment
• →avoiding a main hearing
• →reducing the accusation
• →defending against withdrawal of the driving licence
• →shortening the blocking period
• →fastest possible return of the driving licence
• →acquittal if the accusation cannot be proven

§ 315c StGB and insurance

After an accident, insurance issues often arise as well.

Criminal proceedings and insurance matters are separate, but they can influence each other in practice. If alcohol, drugs, gross negligence or intentional conduct are alleged, insurers may examine recourse claims or reduce benefits.

Accused persons should therefore also be careful when communicating with the insurance company. Spontaneous explanations can later cause harm not only in the criminal case, but also financially.

§ 315c StGB with a foreign driving licence

Anyone driving in Germany with a foreign driving licence can also be affected by the consequences.

In the event of a conviction, the right to use the foreign driving licence in Germany may be withdrawn. In practical terms, this means: you may no longer drive in Germany, even if the licence still exists abroad.

This is particularly relevant for:

• →EU driving licences
• →Ukrainian driving licences
• →Turkish driving licences
• →Russian driving licences
• →driving licences from non-EU countries
• →professional drivers
• →commuters
• →persons with a residence title in Germany

In such cases, driving licence law and immigration consequences must also be checked.

Common mistakes after the accusation

Many accused persons make avoidable mistakes after traffic criminal proceedings begin.

Typical mistakes include:

• →making a statement to the police
• →explaining the accident too quickly
• →describing alcohol or drug consumption
• →contacting witnesses
• →deleting chat messages
• →making unchecked statements to the insurance company
• →voluntarily handing over the driving licence without checking the legal situation
• →ignoring deadlines
• →accepting a penalty order without review
• →instructing a defence lawyer too late

Especially when the driving licence is at stake, late action can become costly. Once the driving licence has been provisionally withdrawn, it must be checked carefully whether this can be challenged.

Penalty order for endangering road traffic

Many traffic criminal cases do not end in a large public trial, but with a penalty order.

A penalty order may include:

• →criminal fine
• →withdrawal of the driving licence
• →blocking period
• →court costs
• →entries in registers

A penalty order should not be accepted without review. After service, a short objection period begins. If this period is missed, the penalty order becomes final.

Whether an objection makes sense depends on the specific case. Sometimes a full objection is the right step. Sometimes the issue is specifically the number of daily rates, the driving licence, the blocking period or a better overall solution.

What you should do now

If you are accused of endangering road traffic under § 315c StGB:

• →do not make any statement on the facts
• →do not attend a police interrogation without a defence lawyer
• →do not make statements to witnesses or alleged victims
• →do not provide information about alcohol, drugs or medication
• →secure relevant documents
• →keep letters from police or prosecution
• →note deadlines
• →check the status of your driving licence
• →have any penalty order or court order reviewed immediately
• →have a defence lawyer request access to the case file

The earlier the file is reviewed, the better it can be assessed whether the accusation is solid and how the driving licence can be defended.

FAQ - Endangering road traffic under § 315c StGB

What is endangering road traffic?

Endangering road traffic means that a person acts in a particularly dangerous way in road traffic and thereby creates a concrete danger to the life or health of another person or to property of significant value. Typical cases include alcohol or drug driving with danger, risky overtaking, right-of-way violations or dangerous driving at unclear locations.

Is an accident automatically enough for § 315c StGB?

No. An accident alone is not automatically enough. It must be checked whether the legal requirements are fulfilled, especially concrete danger, unfitness to drive or grossly traffic-violating and reckless conduct.

Will I lose my driving licence under § 315c StGB?

The risk is high. § 315c StGB is a typical case in which the driving licence may be withdrawn. Therefore, it must be checked early whether action can be taken against withdrawal or provisional withdrawal.

Do I have to go to the police?

As an accused person, you generally do not have to attend a police interrogation and you do not have to make any statement on the facts. In most cases, it is better to remain silent first and have a defence lawyer inspect the case file.

What is the difference between § 315c StGB and § 316 StGB?

§ 316 StGB concerns drunk driving without concrete danger. § 315c StGB is more serious if there is also a concrete danger to other people or to property of significant value.

Can the proceedings be terminated?

Yes, depending on the file, termination may be possible. This depends in particular on whether concrete danger, recklessness, unfitness to drive and damage can be proven with certainty.

What should I do if I receive a penalty order?

A penalty order should be reviewed immediately. The objection period is short. If the deadline is missed, the penalty order becomes final - including criminal fine, withdrawal of the driving licence and blocking period.

Contact - Lawyer for endangering road traffic under § 315c StGB

Are you accused of endangering road traffic? Have the police summoned you, has your driving licence been seized or have you received a penalty order?

Attorney Tom Beisel reviews the case file, the accident sequence, the alleged concrete danger, alcohol or drug allegations and the question whether the driving licence can be defended.

• →Mobile: +49 172 8974716
• →Office: 0201 4517 380
• →Email: kanzlei@rechtsanwalt-beisel.de
• →Address: Bredeneyer Str. 2b, 45133 Essen

Traffic criminal defence in Germany - clear, strategic and nationwide.