Criminal defense for Driving Without Insurance in Bonn

Legal Basis

§ 6 PflVG

Sentencing Range

Imprisonment of up to one year or a fine; for negligence up to six months or a fine

Summary

Using a vehicle in public traffic without valid third-party motor insurance

Driving Without Insurance (Section 6 PflVG) – Overview

An allegation of driving without insurance under Section 6 of the Compulsory Insurance Act (PflVG) concerns vehicles used in public traffic without valid third-party motor insurance. Unlike a mere arrears in premiums, this is a criminal offence.

What is driving without insurance?

Section 6 PflVG penalises anyone who uses a vehicle on public roads, or permits its use, although the vehicle has no third-party insurance. This covers not only drivers but also keepers who allow the use. Common cases are vehicles whose cover has lapsed after unpaid premiums, deregistered vehicles or those used with forged plates, and small motorcycles and e-scooters mistakenly believed to be exempt.

What penalties apply?

For intentional commission, imprisonment of up to one year or a fine applies; for negligence, up to six months or a fine of up to 180 daily units. For first-time offenders the matter is often dealt with by a penalty order imposing a fine. The allegation is especially common with vehicles such as e-scooters that many users wrongly assume to be “insurance-free”.

Defence

The defence examines whether there really was no insurance cover, whether the accused was aware of this (intent) or only negligent, and whether procedural questions around a penalty order arise. The charge can often be reduced to negligence or a discontinuation achieved. Related topic: driving without a licence.

Frequently asked questions

Is driving without insurance a criminal offence? Yes, under Section 6 PflVG – not merely a regulatory matter.

Do e-scooters need insurance? Yes; e-scooters require an insurance plate, and using one without cover can be punishable.

What penalty do I face? Up to one year’s imprisonment or a fine for intentional commission; less for negligence. First-time offenders often receive a penalty order.

Should I make a statement? Not without legal advice; have the file inspected first and respond only through your lawyer.

Practical example and particularities

Example: A keeper does not pay the insurance premium despite a reminder; the insurer notifies the registration authority that cover has lapsed. If she then continues to drive the vehicle, she is criminally liable – even where she could merely have recognised the lapse (negligence). The allegation is especially common with e-scooters lacking a valid insurance plate.

A particularity is that the keeper who permits use by others is also covered: anyone who lets another use their uninsured vehicle can be just as liable as the driver. The distinction between intentional and negligent conduct determines the level of the penalty and is a central line of defence.

This information is general in nature and does not replace advice in an individual case.

Summons or accusation of Driving Without Insurance? What matters now

Make no statement to the police at first

As an accused person you are never obliged to comment on the allegation. Anything said to the police can be used against you. Provide statements only through your defense attorney and only after reviewing the case file.

File inspection comes first

A sound defense against the allegation of Driving Without Insurance requires knowledge of the investigation file. Only once the available evidence is clear can we decide whether a statement is advisable or whether remaining silent is the better strategy.

Possible discontinuation of proceedings

Not every case ends in a trial. Depending on the evidence and any prior record, the proceedings may be discontinued for lack of sufficient suspicion (§ 170 II StPO), for triviality (§ 153 StPO) or subject to conditions (§ 153a StPO). Often a penalty order without a public trial can be achieved.

Driving licence, bar period and MPU

In traffic cases, the threatened loss of the driving licence often weighs more heavily than the sentence itself. The defence examines the provisional withdrawal under Section 111a StPO, the length of the bar period under Section 69a StGB and the distinction between withdrawal and a temporary driving ban. The requirements for a later medical-psychological assessment (MPU) for re-issue should also be considered early.

What we do after reviewing the file

We examine the evidence for reliability and admissibility, look for procedural errors, develop the defense strategy, seek a dismissal of the proceedings through discussions with the public prosecutor’s office and represent you, if necessary, at trial before the Bonn Local Court or Bonn Regional Court.

Available 24/7: +49 228 504 463 36

This information does not replace a review of the individual case. In criminal proceedings, the defense strategy depends substantially on the case file, the specific allegation and the evidence.