Lifting of one driving ban, while another remains in effect?
In an unusual turn of events, the Dortmund Local Court has waived a new driving ban for a man who was charged with two speeding offences, one of which was a gross violation. The court's decision was based on the educational effect of the defendant's previously served driving ban and his apparent change in behaviour.
The man, who had a previous offence for which he served a two-month driving ban and a fine, was caught driving through a 30 km/h zone at 62 km/h. This was a significant 32 km/h over the speed limit. However, the court considered the defendant to have "clearly shown signs of being affected" by the recent end of his first driving ban.
The court's decision to waive the new driving ban was made in light of the educational purpose of the already served ban being deemed sufficient. This is an exceptional move, as courts generally apply driving bans for repeated offenses. Nevertheless, it underscores the court's discretion to consider the specific circumstances of each case.
This case has garnered attention, with the ADAC (German Automobile Club) highlighting it as an example. It serves as a reminder that while German courts can, in exceptional cases, waive a new driving ban when the educational purpose of a prior ban appears to have been fulfilled, this is not the norm and depends heavily on the specifics of each case.
The fine for the second offence was increased from 312 to 500 euros, reflecting the court's firm stance on road safety despite the waived ban. The defendant had recently been allowed to drive again before the trial started.
The case number for this court hearing is 729 OWi-256 Js 159/25 - 16/25. This decision adds to the ongoing discussion about the balance between punishment and rehabilitation in the German justice system, particularly in cases involving driving offences.
The community policy of the Dortmund Local Court allowed for waiving a new driving ban for a man, due to his apparent change in behavior and the educational effect of his previous employment policy of a two-month driving ban. The health-and-wellness of this individual, who was charged with two speeding offences, one being a gross violation, is now tied to his adherence to the fitness-and-exercise of obeying traffic laws, as reflected in the increased fine for his second offence.
