The traffic check was over in two minutes; the officer photographed the licence, filled in a form and said you would hear from the authorities. Weeks later a letter arrives: a summons as an accused for driving without a licence, or straight away a penalty order imposing a fine and a blocking period. This article looks at the situation from exactly that angle: what such letters say, which deadlines are running and what can still be done.
What Section 21 of the Road Traffic Act punishes
Under Section 21(1) StVG anyone who drives a motor vehicle without the required licence, or while banned from driving under Section 44 StGB or Section 25 StVG, faces up to one year’s imprisonment or a fine. The vehicle keeper who orders or allows someone to drive without a licence is also liable. Negligence carries up to six months or a fine of up to 180 daily rates under subsection 2. Someone acts negligently, for example, if they did not check whether their foreign licence was still valid although they had reason to.
Crime or only a regulatory offence?
Not every licence-related breach is a crime. Someone with a valid licence who has left the document at home commits only a regulatory offence. The same applies to an old-style licence document not exchanged by the deadline: the entitlement to drive continues, only the document is invalid. Breaching conditions, such as driving without required glasses, is also a regulatory offence.
It becomes a crime only where the entitlement itself is missing: because none was ever granted, because it has been withdrawn, because a foreign licence is no longer valid in Germany, because it does not cover the vehicle in question, or because a driving ban is in force. This distinction is the first point to check in every case.
Typical situations
For people who moved to Germany from a non-EU country, the right to drive on the foreign licence ends six months after establishing normal residence. Many do not know this and keep driving for years. With EU licences the question is whether a licence obtained abroad after a withdrawal in Germany must be recognised. The case law of the Court of Justice of the EU is nuanced, and some authorities wrongly refuse recognition while others rightly do.
With vehicle categories it is motorcycles, trailers, motorhomes over 3.5 tonnes and fast e-bikes. Holders of pre-1999 licences may drive more than today’s category B holders, but not everything. With driving bans it is the calculation of start and end. And after a licence has been withdrawn, some people drive once the blocking period ends without waiting for a new licence to be issued.
If a summons arrives
A police summons is an invitation, not an obligation. As an accused you need not attend or say anything about the facts. Particularly risky in these cases are questions about where you live and when you moved, earlier journeys and whether you knew you were not entitled to drive. They aim at intent and duration. We notify the authorities that we act for you, apply for access to the file and check whether the licence really was missing.
If a penalty order arrives
Prosecutors often skip questioning and apply directly for a penalty order, usually with a fine and a blocking period for obtaining a licence. An objection can be lodged within two weeks of service; after that it becomes final. The objection can be limited to specific points, such as the blocking period or the daily rate. That often makes sense where the journey itself cannot be disputed but the consequences are disproportionate.
Consequences: blocking period, points, confiscation
A licence that never existed cannot be withdrawn. The court then imposes a stand-alone blocking period under Section 69a(1) sentence 3 StGB, during which no licence may be issued, for six months to five years. For someone about to convert a non-EU licence, the conversion is blocked for that time.
The conviction is entered in the driving aptitude register with points. Under Section 21(3) StVG the vehicle can be confiscated if the offender drove despite withdrawal, a blocking period or a ban, or was convicted under Section 21 StVG within the previous three years.
Strategy and options
1. Silence and access to the file
No assessment without the file. Often it contains only the check report and an extract from the licence register. Whether that really shows there was no licence must be examined.
2. Challenge who was driving
If the accused was stopped while driving, this is rarely in doubt. If the allegation rests on witness statements or speed camera photos, the identity of the driver must be proven.
3. Check validity of the licence
With foreign licences it turns on the concept of residence, recognition rules and agreements with particular countries. With vehicle categories on the precise technical data and protected rights under old licence categories.
4. Intent and mistake
Someone who reasonably believed they were allowed to drive acted at most negligently. That lowers the range and affects the blocking period.
5. Avoid a blocking period and confiscation
A stand-alone blocking period is not mandatory. The court must give reasons why the accused is unfit. Someone already attending a driving school or who has applied for conversion has good arguments for a short blocking period or none.
6. Dismissal
For a first breach, especially an understandable mistake about a foreign licence, a dismissal subject to conditions is often achievable.
Frequently asked questions
Is forgetting my licence a crime?
No, it is a regulatory offence with a warning fine, as long as the licence is valid.
Can I get a blocking period although I never had a licence?
Yes. The court can impose a stand-alone blocking period during which no licence may be issued to you.
Can my car be confiscated?
Yes, under the conditions of Section 21(3) StVG, for example on a repeat offence within three years.
You can reach us on +49 228 504 463 36. This article is a general explanation and does not replace advice on an individual case.
Written by attorney Philip Bafteh, criminal defense attorney in Bonn. Philip Bafteh publishes regularly on criminal and commercial law and defends accused persons in investigative and trial proceedings.
More about the attorney →Last updated: November 2026
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