Criminal defense for Illegal Street Racing in Bonn

Legal Basis

§ 315d StGB

Sentencing Range

Imprisonment of up to ten years if death results

Summary

Participating in or organising an unauthorised motor vehicle race on public roads

An accusation of taking part in an illegal street race under Section 315d StGB can follow even a single instance of clearly excessive speed and threatens the loss of your licence and your vehicle. Much turns on whether the conduct really amounted to a race or to reaching the highest possible speed. Attorney Philip Bafteh defends accused drivers in Bonn, Cologne and nationwide – on the basis of the case file.

Illegal Motor Vehicle Racing (Section 315d German Criminal Code) – Criminal Defense Against Illegal Racing Charges

Since 2017, Section 315d StGB criminalises unauthorised motor vehicle races. The legislature responded to fatal accidents in illegal street races by creating a distinct criminal offence that covers both participation in organised races and so-called solo races. For expats in Germany, this is a particularly important provision to understand, as even driving at extremely high speed without a competitor may constitute a criminal offence.

Statutory Text – Section 315d StGB

Paragraph 1 No. 1: Whoever organises or conducts an unauthorised motor vehicle race on public roads shall be punished with imprisonment of up to two years or a fine.

Paragraph 1 No. 2: The same applies to whoever participates as a driver in an unauthorised motor vehicle race.

Paragraph 1 No. 3: The same applies to whoever, as a motor vehicle driver, drives at an inappropriate speed and in a grossly improper and reckless manner in order to reach the highest possible speed.

Paragraph 2: Whoever, in the cases of paragraph 1 no. 2 or 3, 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 5: If the offender causes the death or serious injury of another person, or injury to a large number of persons, the penalty shall be imprisonment from one to ten years.

Elements of the Offence in Detail

Motor vehicle race: A race is a competition in which at least two participants seek to achieve the highest possible speed with their motor vehicles. It is irrelevant whether a pre-agreed route is used.

Solo race (no. 3): Even without an opponent, a person commits an offence if they drive at an inappropriate speed and in a grossly improper and reckless manner in order to reach the highest possible speed. The decisive factor is the intent to reach the highest possible speed – merely driving fast or speeding does not suffice.

Inappropriate speed: The speed must be inappropriately high in light of the specific circumstances – road conditions, traffic volume, and visibility.

Concrete endangerment (para. 2): Where there is concrete endangerment of life, physical integrity, or significant property, the sentencing range increases to up to five years of imprisonment.

Typical Methods of Commission

In practice, prosecuted cases include organised street races, spontaneous races at traffic lights (so-called traffic light races), high-speed drives through city centres particularly at night, pursuit drives, and high-performance vehicles driven at full capacity on public roads. Increasingly, solo races are also coming under prosecution focus – such as driving a sports car at high speed through a residential area.

Sentencing Range

Simple participation or organisation is punished with imprisonment of up to two years or a fine. For concrete endangerment (para. 2), the penalty increases to up to five years of imprisonment. If a person is killed, the penalty is imprisonment from one to ten years (para. 5). The driving licence is typically revoked, and the vehicle may be confiscated (Section 315f StGB).

Typical Defense Strategies

Defense against illegal racing charges frequently focuses on the distinction between a race and merely driving fast. For solo races under no. 3, the intent to reach the highest possible speed must be proven – mere speeding without this specific intent does not constitute a race within the meaning of the law. The defense further examines whether the elements of gross impropriety and recklessness were actually present and whether concrete endangerment can be proven. Attorney Bafteh develops an individual defense strategy for each case with the aim of averting severe penalties and driving licence revocation.

Summons or accusation of Illegal Street Racing? 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 Illegal Street Racing 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.