The provisional withdrawal of the driving licence under section 111a of the German Code of Criminal Procedure often affects people immediately after a traffic incident. The court can withdraw the driving licence provisionally already during the investigation if there are strong grounds to assume that it will later be withdrawn permanently (section 69 of the Criminal Code). The licence is seized in the process.
When is the licence withdrawn provisionally?
Typical occasions are drink-driving, driving under the influence of drugs, hit-and-run with significant damage or endangering road traffic. Provisional withdrawal means that you may no longer drive even before a conviction.
What can you do about it?
An appeal under section 304 of the Code of Criminal Procedure is admissible against the provisional withdrawal. We request access to the file, examine whether the strong grounds actually exist and lodge an appeal where appropriate. Starting points include doubts about the admissibility of measurements or blood samples, procedural errors or a missing risk assessment.
Acting quickly matters
Anyone who depends on their licence for work in particular should not wait. The earlier the defense begins, the sooner a solution can be reached through an appeal or in the further proceedings. More on our page about the criminal defense attorney in Bonn.
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.
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