Court summons for driving without a licence

I had an accident on my 50cc scooter about a week ago, with a road sign. No one else was involved. The police collected my documents, which are comprised of my scooter insurance, my American Driver's license with a German translation (Tennessee), and a photocopy of my passport. I just received a letter in the mail stating that I have a court date because I was driving without a license. I was under the impression that the rule for vehicles like this is an American license is valid for the first ten months of a visit (extended from the original 6 months, provided that is the length of one's stay). So, does anyone know what I should expect, how I should prepare myself, etc?

If you didn't officially extend before the original 6 months expired, then you are no longer able to legally drive after 6 months without converting (or getting) a German license. Did you go to the gov't office with proof that you were staying in Germany in total for less than a year and get all the official documentation? If not, then you're driving without a valid license which will probably mean a fine and points. I doubt you're in for a jail term. In any case, get a lawyer.

A lawyer? That seems a bit extreme.

Now if you feel comfortable going to court in a foreign country and deal with a lot of legal mumbo jumbo in German with all its implications, that's great for you. Driving without a license is more serious business than just a parking or speeding ticket. I would consult an English speaking lawyer as sure as hell is hot.

Going to jail seems a bit extreme to me. But that is a possible penalty as a result of driving without a valid license.

From what I've read, if you goto court and get a huge fine (Can't get point as you don't have a DE license) and can't pay
that fine, then you can be sent to jail for xx number of days until that fine/ time for the crime is worked off. So yes, it I were
you I'd go see a lawyer ASAP.

You can get points without having a German driver's license. The points will be registered on the computer database. If, for example, a 17.5 year old gets caught a few times for drunk while riding his bicycle or moped (neither requires a "real" license) and gets too many points, or a driving ban for a year, then he won't be allowed to go do his driver's license until the ban is over and the points have gone down. He might also have to do the MPU or idiot psych test to prove that he should be allowed to do his license in the first place. You can also get points for walking while drunk if the police decide you're a traffic hazard.

Here's one example of someone without ever having a driver's license getting points:
Kein Führerschein - aber schon "Punkte" in Flensburg (sorry, it's in German)


It can also have serious repercussions if you go on a point gathering spree during the first 6 months that you're driving on your non-German license. Even if a straight swap is allowed, you won't be allowed to drive until you get your points down/any driving ban is over/you pass the MPU idiot test if required.

I might add that this scooter is 50ccs, and therefore not designed to go over 45 km/h, so it doesn't require a "real" license either. Does that change anything?
/

I don't know where you got that information. You need a group A license for a scooter, it is no longer automatically included in the group B license.
License groups in Germany

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Our daughter is taking her scooter test. She has completed her first aid course, had the eye test, done the theory and is now taking the lessons. She also had to take a "reaction" test, but that is because she has some motoric problems. But she will be only driving a scooter that has a rather restricted speed on it. So yes you do need a licence even if it is almost a push bike.

you forgot M Besitzer eines Autoführerscheins erhalten die Klasse M als "Dreingabe"bonus

Klasse M
Die Fahrerlaubnis der Klasse M berechtigt zum Führen von Kleinkrafträdern (Krafträder mit einer durch die Bauart bestimmten Höchstgeschwindigkeit von nicht mehr als 45 km/h und einer elektrischen Antriebsmaschine oder einem Verbrennungsmotor mit einem Hubraum von nicht mehr als 50ccm) und Fahrrädern mit Hilfsmotor (Krafträder mit einer durch die Bauart bestimmten Höchstgeschwindigkeit von nicht mehr als 45 km/h und einer elektrischen Antriebsmaschine oder einem Verbrennungsmotor mit einem Hubraum von nicht mehr als 50ccm, die zusätzlich hinsichtlich der Gebrauchsfähigkeit die Merkmale von Fahrrädern aufweisen).

Mindestalter:16 Jahre
Befristung:keine Befristung der Besitzdauer
Vorbesitz:kein Vorbesitz nötig
eingeschlossene:keine
Fahrerlaubnisklassen:kein Vorbesitz nötig

or from your link

Klasse M
Zweirädrige Kleinkrafträder und Fahrräder mit Hilfsmotor mit einer durch die Bauart bestimmten Höchstgeschwindigkeit von nicht mehr als 45 km/h und einem Hubraum von nicht mehr als 50 ccm.

A long story short ,with a car licence you can ride a 50cc moped ( scooter mofa what ever) as long as it’s a standard 50 cc and has not been tampered with

if you have a "real car" licence yes it does

Was this one of those cases where the sign had the right of way, but you weren't sure, so you just gunned it? How may CCs is the sign?

You were driving without a drivers licence, you are therefore also driving with no insurance as insurance only covers drivers with a valid drivers licence which you did not.You are in deep shit whichever way you look at it.The German Government does not take it lightly expect a hefty fine and more than likely community service

Oh dear , poor you. I'm glad I'm not in your shoes iandunham:(

I wonder if he's starting to understand the need for legal advice yet.

Thanks. M wasn't prominent on my linked site and my B license is old enough that I didn't have to get a separate A one.

@ OP - You will probably be fined and have to pay the civil damage as well. Acutally, I wouldn't bother with a lawyer, don't throw good money after bad, chalk this down to experience.

Thanks. I do have a valid U.S. license, and I understand that, beyond six months, it doesn't matter if it's valid or not. The letter does mention that translation is possible, so I will call them tomorrow and let them know I need someone who speaks English. Other than that, I'll just expect something bad and we'll see to what degree I'm right.

Go through the whole thing with someone who speaks German and ask him/her to call for you first, explaining the case. You are entitled to an interpreter in court, just not in the preliminaries.

Sounds like you are taking a slight gamble there matey...if you get any time or a record it could affect future employment...

Well, from the advice that has been offered up to this point, there are two possible courses of action. One is to hire a lawyer, which is considerably expensive and way outside my budget, and then accrue court costs, fines, etc in addition. The second option is to go to court and receive the same fines or whatever else they dole out in a German court room. I'm not trying to sound irreverant or like I don't take this seriously, but I don't think that hiring a lawyer will prevent something like that from showing up on my permanent legal record.

Don't be dumb twice in a row. It was dumb to drive a vehicle over here without the correct documentation. Don't be dumb twice by not getting correct legal representation. Christ - a decent guy might be able to negotiate you a much better deal than the court is gonna dish out.

Johnny, it's quite obvious at this point that I'm a dumbass. I really doubt that anyone other than Atticus Finch or Apollo Justice would be able to convince a judge that a less severe punishment should be in order.

There are worse crimes you could have committed so I wouldn't worry too much about it. If the court or whoever wants to make an example out of you, then you will get a little bit fucked otherwise try to find out (call them!) if there's a penalty charge to pay up front in order to avoid going to court, then just pay it if it's not stupidly high and take out a loan if you have to. You could walk away with just a slap on the wrists and a criminal record. Not the end of the world.

Not passing judgement dude. I have a friend and he has ridden stolen motorbikes, been banned for speeding and been banned for drink driving all before reaching 21. Just I reckon a few euros for a half-decent legal guy "could" get you off after an apology with just a slapped wrist etc.

True. Worth also ringing up to see if there's a penalty to pay instead of going to court. It's unlikely, but the cost of the penalty could be similar to that of a first consultation with a solicitor and it seems already like the OP is admitting his guilt.

A decent lawyer will find a way of representing the truth to the court in a manner that may considerably reduce your penalty. Go there yourself and anything can happen but it's unlikely to be good. Either way it's a bit of a risk but then that's life - in your situation I'd get the lawyer. And legal protection insurance for next time.

Okay, well can anyone suggest a lawyer in the Nuremberg/Erlangen area?

I do not expect you will get a fine that will show up on your legal record, at least not for prospective employers. It may be a problem if you apply for permanent residence, though.

Not quite in the same ballgame but I got 'done' quite a few years ago for not having a license, even though I had a perfectly valid UK one (its a long story...) but the upshot was that I had to pay a DM2000 fine to a local charity. This was decided by a court although I didn't go to and didn't need to go to unless I wanted to contest it. I did see a lawyer, or two, and because of the unique circumstances they were unable to help me so I let it go...

I would like to add that the specific amount of a fine is determined based on the defendant´s income (Tagessätze).

This is what you’re facing:


You can receive a fine or a jail sentence of up to one year for the misdemeanor of driving without a valid license. Look at (2) 1. – that is the rule on negligence. Penalty is either jail up to six months or a fine of up to 180 days of income. You neglected to inform yourself on the legal requirements, the way I see it, so you should qualify for the lower penalty category.


You will have committed a misdemeanor (§12 (2)), see above. This kind of conviction is entered in the Central Registry.


Your conviction for a misdemeanor stays in this registry for five years. For another year after that period it stays in the Central Registry but the information will not be divulged. After that period it is automatically deleted. Future employers may consult this registry if you give them permission, or if the job description requires information from the registry to verify your reliability for a certain type of job. I don’t believe that a minor misdemeanor such as driving a moped without a German license will deter many employers.

Some advice on how to behave when being interrogated:

You can refuse testimony if you can implicate yourself with any part of or all of your testimony. You can also be extremely forgetful. You cannot be done for lying in the police interrogation as the police (and the DA, by the way) are not authorized to request sworn testimony. Stick to the facts, answer the questions precisely, giving exactly the information you are asked for. Do NOT volunteer opinions, no one at the police station is interested in your opinions. Tell the police that you need an interpreter and bring a bilingual friend along as well to make sure that the interpreter is translating correctly!

Disclaimer: I am not a lawyer but have been working in and with the law for over 25 years now and researched the above laws regarding your case. Depending on how the interrogation goes you might want to retain a lawyer to scan the court records and advise you on how to act. You do not have to retain him for the whole trial but you do have to pay for his expert advice.

Good luck!

§ 21 StGB (Strafgesetzbuch) has nothing to do with this case ... better research § 21 StVG (Straßenverkehrsgesetz)

Anyway...do keep us posted on how you get on...

You're right, I edited my post. §12StGB and §21StVG got themselves mixed up.

Unless the OP understands German legal terminology well enough to make an informed opinion, I would recommend speaking to a professional. Can anyone recommend one in the OP's vicinity?

Here's a link to specialists for traffic-related matters who also speak English (all in the Nürnberg/Erlangen area).

Thanks Sara, once again greatly appreciated.

Yesterday evening, I went to the police station here to have it out with them about this escapade. I was quite nervous, given the amount of advice in this thread to obtain the advice of a lawyer, which I had earlier in the day. An acquaintance of mine who I had forgotten was a lawyer coached me on what I should say, and what information, under obligation, I was required to give them. And with this in addition to the generous time that Sara put into researching possible consequences and informing me on how to behave with the police, I felt I had a firm grasp on how I should present myself for this first meeting. I picked up on the idea that, if I cooperate with them now, there was a good chance this would reduce the amount of bureaucracy they would have to use to extract information from me later. Plus, I really had nothing to hide; I was simply misinformed and understood why I was wrong.
In reality, it was not nearly as daunting as I thought, and as I was hoping, the two police persons involved were very human and understanding. I told them about how I was misinformed about laws that govern the use of foreign driver's licenses, which they took to be not so great a folly. I told them why I thought I was driving legitimately, and then I gave them an account of what happened. One of the officers spoke some English and translated for the officer who had originally been at the scene. Then, they informed me that I would most likely (or perhaps my insurance) have to pay for the road sign that I ran into. I said that was expected and fully understandable. They waived the 35 Euro fee that, I assume, usually accompanies the police making any kind of service required in a case like this. Furthermore, they told me that, since this was a rather petty case, it would not go to court, which I was seriously relieved by.
So, all that said, I don't know exactly what will come next, as I didn't want to get on the wrong side of these police people's nerves by asking them too many questions. I'm expecting some type of mail in the next couple days for, at the very least, a Rechnung for the damages to the road sign that I knocked off. Other than that, I don't think it will be anything unexpected. If it is though, I will definitely call my friend back, who says it is possible to go back through the police record.

From your account, it sounds like it went quite well. You prepared yourself, got some legal coaching on what to say and how to say it, had a good attitude, didn't argue, and accepted responsibility for repairing any damage you did. And the police seemed to respond by being quite gentle and understanding. But when you get any correspondence relating to this matter, have your friend look it over and explain to you exactly what is being required to put an end to this adventure. Good luck!

Once again a foreigner made a mistake, came to TT asking for advise, TTers scared the shit out of him with jail time, expensive fines, deportation, being raped in jail, etc. And at the end nothing big happened and the fellow OP got it easy.

Congrats to the OP, pay for the damages, move on and have a happy holidays.

Congrats on sticking it to the man!

We just passed our 6 month and were very aware of the 1500 Euro fine for driving after 6 months on a US drivers license. We are now proud owners of new German licenses! It was not difficult at all to do, since our state has full reciprocity with Germany.

However, they do demand that you surrender a valid US license which could make it difficult to travel back to the states... American Stasi are not so accustomed to dealing with overseas licenses I imagine.

I am glad it turned out well. I, too, have found that the police can be very human and understanding so it is good you could sort it at this level.

Once it goes past that and the court imposes a fine - then it gets nasty. If you cannot pay straight away they have the option of throwing you in clink as a 'flight risk' until you pay.

There are other threads on this, but lots of people in this situation have convinced them that one needs a US licence for work-related rental cars, and get to keep both licenses.

In you situation, next time you're back home you should apply for replacements for your lost licenses (you wouldn't be fibbing, as they were taken from you) and you're all set.

Isn't there a law that from age 25 and up you can drive a scooter without a license? That's what all the bavarians were telling me at the driving school...

Get a lawyer!!! They can reduce the fine significantly for you. And jail time is highly unlikely unless you say you can't pay under any circumstances. Had this problem when I was 16 and got busted riding a scooter without a license. Can't quite remember what the fine was ( will have change by now anyway).

PS: Driving w/o a license is only for 25cc and only if you were born before 1969. 50cc only if you have a class B license or Motorcycle license.