Criminal defense for Endangering Road Traffic in Bonn

Legal Basis

§ 315c StGB

Sentencing Range

Imprisonment of up to five years or a fine

Summary

Endangering road traffic through gross violations of traffic rules or driving while unfit

An accusation of endangering road traffic under Section 315c StGB combines a serious driving error with a concrete danger to others and regularly leads to the withdrawal of your licence. The key questions are the specific danger and the precise driving conduct. Attorney Philip Bafteh defends accused drivers in Bonn, Cologne and nationwide – on the basis of the case file.

Endangering Road Traffic (Section 315c German Criminal Code) – Criminal Defense Against Traffic Endangerment Charges

Endangering road traffic is a serious traffic offence that comes into consideration whenever gross violations of traffic rules combined with reckless behaviour, or driving while unfit, concretely endanger the life, physical integrity, or significant property of other road users. For expats in Germany, understanding the distinction between this serious offence and simpler traffic violations is essential, as the consequences – including imprisonment and mandatory licence revocation – are severe.

Statutory Text – Section 315c StGB (Excerpt)

Paragraph 1: Whoever operates a vehicle in road traffic while unfit to drive safely due to the consumption of alcoholic beverages, other intoxicating substances, or mental or physical impairments (no. 1), or who grossly violates traffic rules and drives recklessly by failing to observe right of way, overtaking improperly, driving too fast at unclear locations or intersections, failing to keep to the right side of the road at such locations, making U-turns on motorways, driving in reverse or against the direction of traffic (no. 2), and thereby endangers the life or physical integrity of another person or property of significant value belonging to another, shall be punished with imprisonment of up to five years or a fine.

Paragraph 3: Whoever negligently causes the danger in the cases of paragraph 1 shall be punished with imprisonment of up to two years or a fine.

Elements of the Offence in Detail

Unfitness to drive (no. 1): As with Section 316 StGB, unfitness encompasses the influence of alcohol, drugs, or physical and mental impairments. The decisive difference from Section 316 is that Section 315c requires a concrete endangerment to occur.

Grossly improper and reckless conduct (no. 2): The seven standard examples in paragraph 1 no. 2 cover the typical serious traffic violations. A person acts grossly improperly if they violate traffic rules in a particularly serious manner. A person acts recklessly if they consciously disregard the interests of other road users for selfish reasons or are indifferent to them.

Concrete endangerment: A concrete danger to the life or physical integrity of another person or to property of significant value belonging to another (from approximately 750 euros) must have occurred. Abstract dangerousness is insufficient. The situation must have escalated to the point where only chance determined whether damage occurred (a so-called near-miss).

Typical Methods of Commission

Typical cases include driving under the influence of alcohol or drugs with concrete endangerment of other road users, reckless overtaking manoeuvres on country roads, wrong-way driving on motorways, massively exceeding the permitted speed limit at intersections, running red lights with near-collisions, and aggressive tailgating with coercive character. Illegal street racing may also fall under this provision, although a separate offence has been created for this with Section 315d StGB.

Sentencing Range

Intentional endangering of road traffic is punished with imprisonment of up to five years or a fine. For negligent causation of the danger (para. 3), the penalty is imprisonment of up to two years or a fine. As a rule, the driving licence is revoked (Section 69 StGB) with a lock-out period of at least six months. The vehicle may be confiscated.

Typical Defense Strategies

Defense against traffic endangerment charges frequently focuses on the question of concrete endangerment: was there actually a near-miss, or was the situation dangerous but not yet concretely endangering? The element of recklessness also offers points of attack, as a particularly reprehensible inner attitude must be proven. In cases of unfitness to drive, the admissibility of evidence (blood sample, breath alcohol test) is examined as with Section 316 StGB. BAFTEH Criminal Defense comprehensively analyses the facts and develops a strategy aimed at ensuring the best possible defense – particularly with regard to the threatened licence revocation.

Summons or accusation of Endangering Road Traffic? 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 Endangering Road Traffic 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.