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About JasonBamberg

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  • Location Bamberg
  • Nationality British
  1. Strafbefehl (leaving the scene of an accident)

    Short update for anyone interested: I have a consultation with a Verkehrsanwalt tomorrow. I mentioned the fact that I was concerned that the Police had handed me the documentation rather than them being delivered per registered post, thereby triggering the 14 day appeal window. He was equally surprised about that but said he would raise it.    He said it's no problem to submit a limited appeal to the court for the amount of the fine being too high (based on my monthly net income), but that he would have to look at the case before advising whether to pursue the driving ban. I said I felt it may be unwise to challenge this, as it would trigger a court appearance and all that entails. I can live without a driving license, and to be honest, if it happened to me I would want the person to have some non-monetary punishment as well.    It's been a rough few days, certainly one of the hardest situations I've ever faced, but it's always worth remembering that doing a bad thing (even if there were mitigating circumstances) doesn't make you a bad person. I also never thought when I moved here 4 years ago with barely any German that I'd be able to have a conversation with a German lawyer in German.    Will advise any further updates when applicable. 
  2. Strafbefehl (leaving the scene of an accident)

    I am 99% sure that I do not have to redo my test. Can I ask where you have this information from?    https://www.bussgeldrechner.org/fahrverbot/fuehrerscheinentzug-fahrverbot.html#Wann_muessen_Sie_jeweils_den_Fuehrerschein_abgeben   After the ban I can reapply for my DL. Worst case MPU. This is why in some circumstances ie if your ability to drive is crucial to you job, you can request certain permissions ie just driving to work.   To have to retake my test as well... well let’s just say that it would be a hugely disproportionate punishment. 
  3. Strafbefehl (leaving the scene of an accident)

      Hmm, I will go to a lawyer, Tuesday latest but if I can have a call with one on Monday that's also possible my side.   Thing is, I only handed in my license because I was forced to. I got called by the police saying they had a letter with a demand that I give up my license. I thought it might be for speeding or something. So I went in and they gave me the Strafbefehl and demanded my license. I had no choice the way it was done, I couldn't even leave and take my car home and come back. Plus, the license is temporaily confiscated (I think) until the judgement is final.    Sure, someone experienced may have called their lawyer immediately but I don't have that, nor the money to just have a lawyer for every eventuality. The way this has been handled is pretty poor. If I've lost my right to appeal due to police incompetence that's not a just recourse. 
  4. Strafbefehl (leaving the scene of an accident)

    The only other question I have left is that I collected the Strafbefehl on Wednesday at the Police Station. It was dated 10 January. It was not sent to me by post (no idea why).    Therefore, I hope that the Police will have record of the fact that I collected it and that my 2 week appeal period has not already expired. 
  5. Strafbefehl (leaving the scene of an accident)

      OK, I have emailed a legal firm here (as they are of course done for the week). I think it is clear that the cost of the damage is NOT included in the fine of 4800 EUR. These damages may be sought by the victim's insurance in the coming months. That means that the fine is disproportionate to my income by some 1800 EUR. I don't want to go to court, but I understand this is possible without that. If I contest the ban, it has to go to court. These are my layman's thoughts.   A consultation with a lawyer will cost me c. 200 EUR. He/she will be able to advise whether I could/should contest the fine. If I'm sure of getting some 1800 EUR knocked off, then I can justify 500 EUR for a lawyer.    If anyone thinks I'm wide of the mark here let me know, though I imagine there will be a brief round of applause for making the right choice eventually. 
  6. Strafbefehl (leaving the scene of an accident)

      Well, the policeman said it was 'just' the Geldstrafe (4800) that I had to pay (though I don't rely on his opinion). The Strafbefehl  also says I also have to pay for the fees associated (legal). The damage costs are only cited in the description of the event. I know this all screams "get a lawyer" but I'm just trying to get my head around all the facts.    I know this is a serious offence, but if I'm fined 4800 plus have to pay 2200 plus have my license taken away for 7 months then I would go to a lawyer, as for a first time offence this is quite disproportionate in my view.     
  7. Strafbefehl (leaving the scene of an accident)

      Thanks for replying. This was actually my next question - does the amount 4800 include the costs to the other car/insurance? It seems from your reply that they are. Are you certain of this (with respect, I don't mean to question you, it's just for clarification)?    If that is the case, then of course I wouldn't appeal this amount. 
  8. Strafbefehl (leaving the scene of an accident)

    OK, so having done some more research, the fine amount seems disproportionate to my net income (which is what they use as a basis). It should be nearer 3.000EUR. This I can appeal, without it leading to a court case. If I supply evidence to this fact (payslip), it seems that I would be able to get this reduced without too much trouble.   I will not appeal the driving ban, nor will I consult a lawyer. From all the 'evidence' I have gathered, a lawyer's fees don't justify it. 
  9. Strafbefehl (leaving the scene of an accident)

    Der Schaden sprengt den Rahmen von 1.300 Euro: Die Konsequenzen für den Unfallflüchtigen bestehen in diesem Fall aus einer Geldstrafe, die durchaus über einem Monatsgehalt liegen kann, drei Punkten sowie einem Führerscheinentzug. Letzterer geht außerdem mit einer mindestens sechsmonatigen Sperrfrist einher, innerhalb der die zuständige Behörde einer Neuerteilung der Fahrerlaubnis nicht zustimmen wird.   This is from the Bußgeldkatalog 2020 Website for Fahrerflucht. This is what I have been given. I think (based on my reading of the charge) the driving ban started when the paperwork was signed (early January). So I ‘think’ I have basically been given 6 months (from yesterday). I don’t want to flog a dead horse here, but I cannot really see how this can be reduced. 6 months is the minimum. We can all say we didn’t realise blah blah. 
  10. Strafbefehl (leaving the scene of an accident)

    Do you think I don’t realise it’s serious? Do you think it doesn’t keep me awake at night? Do my comments not show remorse and a willingness to be punished, realizing my very poor judgement? Believe me, I have learned the lesson. With respect, I think we can drop the sanctimonious comments please.   And there is no way the impact could have been anything but a hard surface. I was barely moving. I wrote that already.    The fine is a big one, but on top a ban? Am I a danger to other drivers? Am I going to go around playing bumper cars? Of course not. What does a drink driver get? First offense, a slap on the wrist in comparison. That’s why I’m wondering about the ban. The fine indicates the severity. The ban seems disproportionate. Maybe it is, maybe it’s not.   As you say, after lots of good advice here my choice is to challenge via a lawyer or take my medicine. 
  11. Strafbefehl (leaving the scene of an accident)

    possibly, but the minimum ban is 6 months according to the law. So I might get a month reduced. Then I have to pay court fees and of course legal fees. It’s basically exchanging part of the ban for more money. I can still get to work and my travel expenses are covered, so on balance, whilst it’s a pain, I don’t see a month reduction as being worth it. 
  12. Strafbefehl (leaving the scene of an accident)

    No that’s fair enough. Deep down I know that.    I’ll take my punishment. 
  13. Strafbefehl (leaving the scene of an accident)

    If anyone could comment on my naive and slightly daft idea of writing to the Prosecutor ... as I have decided not to get a lawyer. The punishment fits the crime according to the law.    In my letter I just want to express my deep regret, explain briefly my side of the story whilst acknowledging that I am responsible for my actions and that I accept the fine. I would like to gently suggest that the 7 month ban on driving is a little excessive and that, as I need my car for work, would they reconsider this element.    I would appreciate any productive feedback.   
  14. Strafbefehl (leaving the scene of an accident)

      No they didn't give me any opportunity to do that. I gave a statement to the police on the day of the incident where I gave my side of the story. Do you think it's worth giving the Prosecutor's office a call and asking what I can do? Is it in their interests to care about my position? I spoke to them yesterday and they were helpful.   I mean, the whole procedure is/was off, the Police left a scribbled note in my post box asking me to call them 3 weeks ago, which I did immediately on receipt, and they said they needed to come and check my ID as there's a discrepancy (?). First appointment at my house he didn't turn up. A few days' later he called and said he had been sick. Second appointment (Monday) he didn't turn up. So yesterday he called me and asked if I could come by the police station. He mentioned some paperwork regarding a Fahrverbot. Again, my German is good, but he was young and Franconian, and I may have missed some small details. But I leave work and drive straight there, where I park, and I go in and they take my license off me. I couldn't even take my car home. Yes, someone might say this was also dumb, but I'm not used to being involved with the law.  I have received no correspondence regarding this incident myself via post.    Yes, I saw you mentioned that re the MPU, it's just that this is the decision of the driving authority when I reapply for a license, so I'm still concerned.    Your last point - I agree, and I'll make a decision today if I go down this route. Thanks for all the feedback, it's most appreciated. 
  15. Strafbefehl (leaving the scene of an accident)

      I see what you mean, however, I'm not sure what mitigating circumstances I have. I did something stupid, and although I thought I had 'just' hit some steps and nothing more significant, I still should have stopped and checked. I panicked and drove away, so technically I'm guilty. I couldn't have hit someone; I was reversing very slowly. The damage to my car was minor (slight bumper scratch) so the impact wasn't spectacular, though has incurred damages of over EUR2K.    It's my first offence (ever, anywhere) and I am very remorseful and I would never do it again. But none of this strikes me as 'mitigating'. The punishment I have been given is in line with the law as far as I've read (ok, I'm not a lawyer). The only thing is that the fahrverbot is because I am perceived as a threat on the roads; for someone who drives over 30.000km per year and has never had an accident (this aside), especially compared to some of the people on the road, and furthermore having been permitted to continue driving for 7 months after this incident, is what I find unreasonable. A 3 month ban, sure. But a confiscation of my license is harsh in my view, but from their view I'm sure it's different.    Say I get a lawyer and he/she reduces the fine too EUR4.000 and the fahrverbot to 5 months. The cost of the lawyer and the court case would pretty much offset that gain I would guess.    I have a very weak proposal that is probably going to be laughed at by everyone on here. What if I write to the Prosecutor and explain my point of view. Accept the responsibility and express my remorse and explain my circumstances. Throw myself on the mercy of the court!! (joke). Yeah, like that's going to work.    My main concern is getting my license back after 7 months without taking the idiot test.