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ban on driving: driving bans from two become one! - Parallel execution of two driving bans for first offenders and control possible!

ban: From two or more driving bans become one? - Parallel execution of several bans in mixed cases is allowed!

As you can kill two or more birds with one stone? A driving ban is not only very drastic, but sometimes jeopardize their existence. But it is especially serious when several bans threaten!

Can a frequent traveler but now serve on several threatening driving bans, the ban at once? In any case, when different driving restrictions, so a driving ban after the first offense and a scheme meet regulatory ban without first offenders, the legal problem. § 25 para 2 sentence 2 Road Traffic Act in that regard:

becoming "legally imposed against the person concerned more bans, then the ban period successively in order to calculate the legal force of decisions on fines .

The district court's reasoning in its decision of Bremen 20.08.2010 - 82 Js 71292/00 OWi 660 (4 / 10) - to the conclusion that in the so-called mixed cases So the meeting driving bans in accordance with § 25 para 2 sentence 1 StVG (first offenders control) and § 25 para 2 clause 1 of the Road Traffic Act because law code to § 25 para 2 sentence 2 shall not apply StVG place and the parallel implementation permitted regularly is. The parallel execution in these cases is not abusive, but a consequence of the rule provision in § 25 para 2 clause 1 Road Traffic Act, that the ban will take effect on the legal validity of the penalty decision. In view of the provisions of § 25 para 2 clause 1 Road Traffic Act it is not to be regarded as unfair if a repeat offender, without violating the multiple driving restrictions Four-month period are fixed, a legal force entry by opposition and lodge a complaint or return of such remedies and appeals controls over time so that the underlying decisions on fines and the various driving restrictions in force at the same time be accomplished simultaneously and efficiently in parallel. It is not clear why an appropriate behavior should be considered in cases of "mixed" as abuse. The abuse argument is not sufficient to justify an expansive interpretation of § 25 para 2 sentence 2 Road Traffic Act.

This decision will be car drivers' hearts beat faster ! Can Two become one. However, if it prevails also in Bavaria, it is doubtful!

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http://www.drherzog.de/ravm91n Written by
lawyer Dr. jur. Marc Duke

areas of law:
license law, traffic law, traffic law,

Tags:
lawyer, Rosenheim,