Ok, this is the history.

About 8 months ago, I and a friend of mine decided to take a "crazy" travel in car. I rented the car, but he was the driver. Well, the "crazy" part is that neiher me nor he did not have a valid driving license.

As you might guess, we were caught by the police. Ok, as it was expected he (the driver) has to pay a fine for that. Unfortunately during our informal conversation with the policeman (not in the declaration) my friend though that it would be a good idea to say a "small" lie. As the car was rented with my name and in the contract said that I was the only allowed to drive the car he said to the policeman that I was driving first but later I was tired and he took the drive (this never happened). Again, as you might guess, it was a bad idea. The policeman told me "aha, so it means that you also drove without a valid driving license!". They took my declaration, but I denied that. My friend also retracted about it.

A month later I was called to go to do a new declaration in my local police station. Again, I said that I never drove the car. My friend was called by phone 2 times and he was asked to tell the true. He said that I did not drive the car.

Some days ago, I received a notification telling that I have to pay €300 for drivening a car without a valid driving license.

My possibilites are:

- do nothing and just pay the money.

Question: how does this afect my criminal records?

- to appeal and go to judgment. They say in the letter that I can do that but I have to assume the costs of the judgment. I do not exacly what it means, but if I have to pay a lawyer, travels to the town where we were caught, and so forth, these costs are problably higher than €300. On the other hand, if this thing afects my criminal records, it would be better to show that I am innocent. The other thing is that I´m not sure if in the near future I am going to stay in Germany, and knowing that these processes normally take time, it could be a problem if I am called to testify and I´m not here. What do you think?

- well, I don´t know if it is a good idea but maybe paying the fine but doing a statement that I don´t acept the accusation...

What do you think?

Thanks

Alex

1. Crazy idea always ends with crazy complexity
2. Who knows whether you come back to Germany again
3. Traffic Offence doesn't trigger any criminal record entry

But I wonder without having a valid driving licence how did you rent a Car on your name ? Anyway.

The problem is if you pay 300 Euro you are accepting your traffic offence and if you don't pay you have to prove it was neither you nor your friend. Last part is impossible as you both were caught by the Police. But if you have law insurance (Rechtsschutz versicherung), you can prove that being a foreigner you didn't know this rule. But you have to manage a driving licence from your country on your name which may not be valid in Germany. Secondly you can claim as how did the Rental Company give you the Car without a valid Driving Licence. So it is their fault too.

On top, all these are very time consuming, expensive and irritating. The best is to pay 300 Euro because violetting a traffic law is not a criminal offence. So there won't be any criminal record against you. If "Criminal Offence" is mentioned in any of your correspondence with Police, you can hire a lawyer to sue the Police or change their statement.

Good luck.

Alex,

I forgot to tell you that few months back I had a serious traffic offence. On receipt of the letter from Police I had accepted it, paid a fine. And now, just last month I needed a police clearance certificate and I have received it without any record. I am clean.

Hi ahasan, thanks for your reply.

"But I wonder without having a valid driving licence how did you rent a Car on your name ?"

Yes, I also though that it was not possible, but my friend had done this several times before without problems.

"...if you don't pay you have to prove it was neither you nor your friend."

My friend was caught and he acepted the fine. I never drove, as I told before, it was a dummy lie from my friend.

"Secondly you can claim as how did the Rental Company give you the Car without a valid Driving Licence. So it is their fault too."

Yes, we though about that before, but you know, these companies are very big and I´m very sure that they have very good lawyers. It could become very complicated. We had to pay also about $350 to this company for gas (their "internal" price), rent and breakdown truck from the place where it happened to the near company office. As they canceled the contract when the policesman called them to inform what it was happening, we though that the breakdown truck was not our business (we could have called someone who had a valid licence to drive tha car). But well, we paid it. Thas the reason I don´t want pay one euro more and less knowing that I´m innocent.

"I needed a police clearance certificate and I have received it without any record."

Thanks! That´s what I wanted to hear.

Anyway, I will take a decision in the next days.

Thanks a lot!!!

Hi,

Just a quick note.
Here in Germany, it is not necessary that you proove you are innocent. It is they who would have to proove that you were at fault or the culpri, whatever applies. This is atleast my Experience.
Never been to a court, but due to some accident, i had to reply to an Insurance company which was trying to claim abt 6000 Euro(12,000 DM) and after i send the letter and the facts, they never got back to me so far.Its been more than yrs now.

any ways, it would have been good if you had Lawyer Insurance.

Good Luck Guys,

Sudeep

Couple of points

1. You were lucky not to have any accident, as you / your friend drove an uninsured vehicle. Any damages to other cars or people would have to been paid out of your own pocket in case of an accident. Imagine hitting a pedestrian who needs intense medical treatment - this could ruin you for life.

2. Pay the fine. Don't go to court.

3. The court will either believe you arguing that you didn't drive, or the policemen stating that your friend said you drove and the rental company stating that you rented the car. Loosing the court case will be more expensive than 300 Euro. Note: Even handing over the car (after you rented it) to your friend who doesn't hold a driving license may be an offence.

4. You will have a criminal record, but it will not show up in the "public" polizeiliches Führungszeugnis which you can apply for (e.g. to show it to an employer).

5. The car rental company was right to cancel the contract immediately and to charge you for recovering the car. Because you violated the terms of the rental contract, they were not under any obligation to allow you to ask further "friends" to drive the car.

6. A legal insurance (Rechtschutzversicherung) would not help you in this case because it does not cover any legal expenses in case you deliberatly break the law.

Marc

Thanks Marc, your points are very valid.

Just FYI, before the policeman took my declaration, he told us "hey, don´t say to anybody (i.e another policeman) that you (me) also have drove". As far as I remember, it was his advice to say in the declaration that I hadn´t drove.

In my opinion, he wanted to "help" us. (that is, he wanted $$$$).

He asked us several times if we had money (direct or indirectly). Even though he told us "well, I would like to help you, but unfortunately my college alredy reported all, I usually handle this kind of things in another way".

Finally, when we were ready to walk to next train station (about 10 Km far), he drove the rented car and took us to the train station.

My husband was in an accident over three years ago while I was stationed in Germany. I am trying to find out whether he has a record there or if there where any charges for the accident. My husband was the only one hurt and no damage was done to any roads,rails, or farm land.

I just want to know what will we face on our return trip and how to fix it now before leaving.

Always A Lady