Traffic criminal law - when a traffic offence becomes a crime

Not every traffic violation is merely an administrative offence with a fine. In certain cases, an incident in road traffic becomes a genuine criminal offence - with a fine, an entry in the certificate of good conduct and often the loss of the driving licence. Traffic criminal law covers precisely these cases.

Precisely because the driving licence is indispensable for many people both professionally and privately, more is often at stake in traffic criminal law than the penalty itself. As an attorney, I defend you against accusations in the field of traffic criminal law - with the aim of protecting both the penalty and the driving licence as far as possible.

"In traffic criminal law, it is rarely just about the penalty. For most clients, the driving licence is the real issue - and that can often be saved with the right strategy."

— Tom Beisel, Attorney

The most important accusations in traffic criminal law

Driving under the influence (§ 316 StGB)

Anyone who drives a vehicle in road traffic while unfit to drive due to alcohol or other intoxicants commits a criminal offence. From certain blood alcohol levels, the inability to drive is conclusively presumed. Even below these limits, criminal liability is possible if signs of impairment are present.

Endangering road traffic (§ 315c StGB)

Anyone who, through risky behaviour - such as alcohol, grossly improper overtaking or excessive speed - endangers life, limb or another person's property of significant value, also commits a criminal offence.

Leaving the scene of an accident / hit-and-run (§ 142 StGB)

Anyone who leaves the scene of an accident without enabling the necessary findings commits a hit-and-run offence. This accusation is often underestimated but can have serious consequences - up to the withdrawal of the driving licence.

Driving without a licence (§ 21 StVG)

Anyone who drives a vehicle without holding the required driving licence - for example after withdrawal or without ever having obtained one - commits a criminal offence.

⚠ Important: the driving licence is often the real risk. Many traffic criminal proceedings lead not only to a penalty but also to the withdrawal of the driving licence with a ban period for re-issuance. Early defence can be decisive here in order to protect the licence.

Why the driving licence is the focus

In many traffic offences, in addition to the actual penalty, the withdrawal of the driving licence under § 69 StGB threatens, combined with a ban period under § 69a StGB. For commuters, professional drivers or families, this can be more serious than the fine itself.

An effective defence therefore takes both levels into account from the outset: the criminal-law level and the driving-licence level. Sometimes early intervention can ensure that the driving licence is retained or the ban period shortened.

The right response to an accusation

In traffic criminal law too: as an accused person, you have the right to remain silent. Premature statements to the police or authorities can worsen your own position. It is therefore advisable to:

• →Make no spontaneous statements on the matter
• →Sign no declarations without legal advice
• →Engage a defence lawyer early who applies for access to the files
• →Align the defence strategy with both the penalty AND the driving licence

How I support you

I defend you against all accusations in traffic criminal law - with a clear focus on what matters most to you:

• →Access to the files and review of the evidence (such as measurement values, breath and blood alcohol levels)
• →Examination of procedural errors during checks and measurements
• →Strategy for retaining the driving licence and shortening ban periods
• →Negotiation with the public prosecutor's office, for example on discontinuation or a penalty order
• →Representation in the main hearing

I represent clients throughout Germany, in German, English and Russian.

Frequently asked questions

Will I automatically lose my licence for drink-driving?

Not necessarily, but the risk is high. Drink-driving regularly threatens the withdrawal of the driving licence with a ban period. Whether this can be avoided or mitigated depends on the individual case - such as the measurement values, the course of the procedure and possible errors during the check.

What are the consequences of a hit-and-run?

A hit-and-run is a criminal offence and can lead to a fine, an entry and, depending on the severity, also to the withdrawal of the driving licence. Particularly with higher damages, the accusation is taken seriously. Early defence is important here.

Should I explain everything to the police immediately?

No. As an accused person, you have the right to remain silent. It is generally advisable to make no statement on the matter at first and to decide only after legal advice and access to the files whether and what to say.

Can a case also be discontinued?

Yes, depending on the circumstances, a discontinuation may be possible - for example for lack of sufficient suspicion or subject to conditions. How realistic this is can only be assessed after access to the files.

Is a lawyer worthwhile for traffic offences?

Precisely because the driving licence is often at stake, legal defence can make the difference - both regarding the penalty and the retention of the licence. An early assessment of the prospects makes sense.