One of the most promising approaches for the prevention of a driving ban for a traffic violation may be the assertion of a so-called "instantaneous failure.
Even in the case of an objectively serious and dangerous traffic offense, the requirements for the saying of a driving ban does not, unless the person concerned in the commission of the offense only slight negligence can be attributed to him.
What does "instantaneous failure" exactly?
this is meant a momentary lapse in concentration, also a careful and conscientious driver can not always avoid.
Why is the moment of failure against a driving ban?
In Fines Regulation provides that for certain serious offenses on the road, such as speeding or failing to stop at a red light to impose a driving ban is. However, it is not a legislative command that automatically is mandatory for each case, but to rule examples. The imposition of a driving ban requires that the infringement, in gross or persistent violation of the obligations of a motor vehicle driver was committed (§ 25 para 1 sentence 1 StVG). A rough Breach of duty is in the implementation of a control sample, such as indicated in urban areas the speed limit by 31 km / h, because of the danger of such an abstract reality.
However, it also has to play in individual cases to a failure to act of the person concerned, which is also a subjective point of irresponsibility on a particular driver, that is due a lack of law-abiding attitude. The law assumes that with implementation of a rule typically given this particular example of irresponsibility and negligence, warranting the imposition of a driving ban. There are also atypical patterns are possible, in which the benefit of the individual only by negligence can be assumed.
Slight negligence can be, for example, will be presumed if the person pleads to understand that they have not observed the speed limit or red light by mistake and this mistake is not in turn is due to gross negligence or indifference.
believe Often car or motorcycle driver, for example, they were at the time of speed measurement outside urban areas, because out of the consideration to make, the more profit, are to measuring systems often chosen locations where roads are well developed and with a corresponding number of vehicles excessive speed are expected. Was the person that was flashed in such a "speed trap", non-local and could he force due to missing or incomplete development nor that he was inside a built-up area, he only acted negligently
. The result: Special irresponsibility can not be the victim in this particular case accused. The indication as to the imposition of a driving ban is refuted. by the imposition of a driving ban, apart has since become the offense is missing from a subjective point that the law presumed special weight.
affected should a instantaneous failure speaking circumstances and evidence during the proceedings before the fine detail and authority as possible based on accurate evidence to Tatörtlichkeit and signs (maps, photo, video) state. Only if the person qualifies argues, will address the prosecuting authority or the court with the possibility of instantaneous failures and thus refuting the indication as to the imposition of a ban on driving.
0 comments:
Post a Comment