Driving Licence Withdrawal I Lawyer Frankfurt

Driving Licence Withdrawal in Frankfurt – Defence & Nationwide Representation

The withdrawal of the driving licence under Section 69 of the German Criminal Code (StGB) is not a punishment but a measure of rehabilitation and security. Its purpose is preventive road safety. It requires an unlawful triggering offence connected with the operation of a motor vehicle — fault is not mandatory. For those affected, mobility, employment and commitments are on the line. Buchert Jacob Peter handles your defence from the first access to the case file through to the main hearing — in Frankfurt am Main and across Germany. We continuously track developments on our Legal Dictionary.

For traffic-related allegations (alcohol/narcotics, hit and run, dangerous driving) see our overview of general criminal defence in Germany and the essentials of German criminal procedure. If you need English-speaking defence lawyers in Frankfurt, call +49 69 710 33 330 or email kanzlei@dr-buchert.de.

Problem: When does driving licence withdrawal threaten?

It presupposes an unlawful act while driving or in connection with operating a motor vehicle, or a breach of driver obligations. Typical triggers include drink-driving and serious traffic violations. The decisive factor is whether you are unsuitable to drive — for physical, mental or character-related reasons. This forward-looking prognosis is the core of the decision and must reflect the situation at the time of judgment. Developments between the incident and judgment — e.g. courses, therapy, incident-free driving — must be taken into account.

Important: Withdrawal differs from a driving ban. A withdrawal removes the licence completely; a new licence is only possible after a blocking period. A simple driving ban (1–3 months) is different. We also assess at an early stage whether a dismissal of proceedings (e.g. under Section 153 StPO) or a consensual outcome is realistic during the investigation phase.

“Driving a motor vehicle” — what counts?

Motor vehicles are land vehicles powered by engines (from mopeds to work machines). Driving is any setting in motion or co-responsibility for movement (steering, braking). Even short rolling movements or steering a vehicle that is no longer powered can suffice. Water, air and rail vehicles are excluded. We document this classification precisely in the investigation file.

Solution: Structured & effective defence strategy against withdrawal

• File access & evidence analysis (readings, blood samples, video, police reports, case file) — see Access to files.
• Clarify the legal framework: triggering offence, link to road traffic, presumptions, and options for procedural design — compare criminal procedure.
• Improve the prognosis: advanced driver training, traffic-psychology measures, workplace controls — documented with purpose.
• Procedural levers: challenge seizure, delay objections, targeted motions for the main hearing and judgment.
• Alternatives: dismissal on application or under Section 153 StPO, coordinated with prosecution and court — see dismissal of proceedings.

From the outset: no statement without a plan. Exercise your right to remain silent and do not attend an interrogation without counsel — see summons for interrogation.

Authority vs. court: who actually decides?

The licensing authority may withdraw a licence preventively under the Road Traffic Act. In criminal proceedings, however, the court’s decision prevails: for the same facts, the authority may not decide separately and is bound to key court findings. What we achieve in the criminal case usually shapes the administrative side. We therefore align the overall strategy early — including potential consequences after finality.

Procedure: preliminary withdrawal (§ 111a StPO), seizure & appeals

If there are strong reasons to expect a later withdrawal, the court may order a preliminary withdrawal. This must be proportionate and lifted if grounds lapse or proceedings are delayed. Alternatively, the licence can be seized under § 94 StPO. If withdrawal is ordered, we examine legal remedies — always with a view to prospects of success and the prognosis. For orientation, see the course of criminal proceedings and the Local Court.

“Unsuitability” — what really matters in the prognosis

Unsuitability may be physical, mental or character-related: from illness to substance-related issues to reckless driving. It is not the “degree of guilt” that decides, but the risk prognosis. Especially in substance-related cases (alcohol, cannabis, medication), the judgment must carefully assess the details: kind and timing of intake, signs of impairment, distance driven, traffic environment, insight and conduct after the event. This is where we focus — with evidence motions, expert questions and alternative scenarios.

Cannabis & mixed consumption: new thresholds, open questions — what does this mean for § 69 StGB?

Since 2024/2025, Germany has introduced new traffic rules for cannabis (including a THC threshold of 3.5 ng/ml in blood serum for administrative offences; special rules for young drivers). For criminal-law withdrawal, however, a threshold alone is not decisive — the overall driving suitability is. Are there traffic-relevant signs of impairment? Was there combination with alcohol (mixed intoxication)? Was fitness to drive reduced? Courts increasingly emphasise case-by-case assessment. Defence practice means targeted clarification of measurement methods, elimination curves, need for expert opinion, and documentation of typical impairment criteria — ensuring only lawfully obtained, reliable evidence informs the decision.

Business & employment: when the licence is essential for work

Economic disadvantages alone do not prevent withdrawal. Nevertheless, already-sustained intrusions — e.g. a long preliminary measure — matter for proportionality.

Your path with Buchert Jacob Peter — transparent & assertive

• Rapid file access & robust first assessment.
• Bespoke defence strategy, clearly communicated — from investigation to judgment.
• Trial-hardened in evidence motions, expert issues and weakening adverse prognoses.
• Nationwide representation; regular updates via our practice areas.
• Holistic view including white-collar and tax criminal law.

Call to action: align your defence now

The earlier you involve us, the better we can shape the prognosis and avert withdrawal. Call +49 69 710 33 330 or write to kanzlei@dr-buchert.de. We clarify realistic goals and the next steps — swiftly, seriously, effectively. You can also use our contact page.

Frequently Asked Questions (FAQ)

• What is the difference between withdrawal and a driving ban?
  The withdrawal removes your licence entirely; a new licence is only possible after a blocking period. A driving ban lasts 1–3 months; the physical licence is merely held. Which measure applies depends on the triggering offence and the prognosis — we assess this immediately after file access.
• Can the court “limit” a withdrawal?
  No. The licence is withdrawn as a whole. Partial permissions (e.g. only specific vehicle types) are not available. Separate issues arise for blocking periods — there are narrow exceptions but they are rare and must be substantiated.
• What happens with a preliminary withdrawal (§ 111a StPO)?
  It is possible if strong reasons point to later withdrawal. It must be proportionate and lifted if grounds lapse or proceedings are delayed. Seizure of the licence can run in parallel. We challenge both with targeted motions. See the course of proceedings.
• I have been summoned for questioning — should I make a statement?
  As a suspect you have the right to remain silent. Statements without file access are risky. Please never attend an interrogation unprepared — see summons for interrogation.
• What role do alcohol, cannabis and medication play?
  Substance-related cases require a sound suitability prognosis. Thresholds alone do not decide withdrawal. In cannabis and mixed-consumption cases, individual assessment is key. We bring the medical-forensic perspective into the evidence process.
• Can a dismissal of the case prevent withdrawal?
  Yes, a dismissal — e.g. under Section 153 StPO — can dispose of the withdrawal issue. Whether this is possible depends on the allegation, evidence and your personal circumstances. See dismissal of proceedings.
• What can I do after withdrawal has already been ordered?
  We review appeal options, marshal mitigating circumstances relevant to the prognosis and support you through to finality. In parallel, we advise on preparing for re-issuance (e.g. certificates, courses).

Contact us – Your specialist criminal defence lawyers in Frankfurt am Main and nationwide

• Frank M. Peter, Specialist Lawyer for Criminal Law
• Dr. Caroline Jacob, Specialist Lawyer for Criminal Law
• Of Counsel: Prof. Dr. Frank Peter Schuster
• Cooperation Partner: Tax Advisor and former Tax Investigator Frank Wehrheim

Our law firm Buchert Jacob Peter has worked in Frankfurt am Main for over 25 years with experienced criminal defence lawyers. We represent clients nationwide.

Contact: Phone +49 69 710 33 330 · Email kanzlei@dr-buchert.de

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