Cell phone at the wheel
Contact me as soon as possible if you have received a hearing or a fine. If an objection is not filed in due time, a review is no longer possible!
- Every second fine notice is incorrect. So don't rush to accept a fine!
- As in criminal law, the following also applies to fines: No statement without prior inspection of the files!
- The correctness of measurements and findings can only be checked after inspection of the files
- As a victim of an administrative offense, you have the right to remain silent!
| Cell phone used at the wheel | punishment | Points | Driving ban |
|---|---|---|---|
| without danger | 100 € | 1 | - |
| with endangerment | 150 € | 2 | 1 month |
| with property damage | 200 € | 2 | 1 month |
The driver may only use any electronic communication device while driving if
- the deviceis neither picked up nor held in the handsand
- for operation and usejust a quick lookoccurs on the device or
- the car is stationary and the engine is completely switched off (not start-stop operation)
Simply holding a cell phone (e.g. picking up or moving a dropped cell phone) does not constitute prohibited use according to prevailing case law, see OLG Hamm,Az. 4 RBs 30/19; OLG Oldenburg,Az. 2 Ss (OWi) 102/19; OLG Celle,Az. 3 Ss (OWi) 8/19).
Cell phone violation during the probationary period
- Cell phone violations during the probationary period are rated as A-offenses
- The trial period is extended by 2 years
- Obligation to participate in an advanced seminar (if you do not attend there is a risk of withdrawal of your driving license)
What can I do for you ?
- Contact me immediately upon receipt of a fine notice!
- I will request file inspection for you and lodge an objection
- I will work towards recruitment from the administrative authority / court