Road Traffic Endangerment I Lawyer Frankfurt

Road Traffic Endangerment (§ 315c StGB) in Frankfurt – Defence & Nationwide Representation

The allegation of road traffic endangerment under Section 315c of the German Criminal Code (StGB) is serious: fines or imprisonment are possible, and withdrawal of the driving licence with a blocking period is common. Buchert Jacob Peter defends you rigorously — from first access to the case file through the investigation and main hearing to legal remedies. We continuously track developments in case law and practice in our Legal Dictionary.

Need immediate assistance from English-speaking criminal defence lawyers in Frankfurt? Call +49 69 710 33 330 or email kanzlei@dr-buchert.de. For procedure basics see German criminal procedure and the course of criminal proceedings.

Problem: What exactly does § 315c StGB cover?

Section 315c StGB protects road traffic safety. Liability arises for anyone who drives while unfit due to alcohol, other intoxicants, or mental/physical defects (no. 1), or who acts grossly in breach of traffic rules and recklessly by committing certain especially dangerous violations (no. 2) — e.g. improper overtaking, red-light or right-of-way violations, excessive speed at unclear spots, U-turning or reversing on motorways. In all constellations a concrete danger to life or limb or to property of significant value must occur.

The attempt is punishable in no. 1 cases. Where negligence (in the act and/or in causing the danger) is involved, lower statutory ranges apply. In parallel, measures such as driving licence withdrawal under § 69 StGB may be ordered — with separate requirements that we target specifically in defence.

Solution: Defend — don’t accept

Our approach is structured, precise and prognosis-oriented, with legal, medical and technical depth:

• File access & evidence analysis: measurement files, blood serum/plasma values, video/body-cam, traces, full case file — start with access to files.
• Classifying the allegation: § 315c versus (if applicable) § 316 and the threshold to initial suspicion sufficient for charges.
• Improving the prognosis: abstinence documentation, courses, employer monitoring — cleanly evidenced.
• Procedural levers: targeted motions, challenges to seizure, delay objections, and measured agreements.
• Alternatives: dismissal of proceedings, narrowing of allegations, and a strategy for judgment and finality.

Legal foundations & key terms — concise

Protected interest & public road traffic

The protected interest is public road safety. “Road traffic” includes areas open to the public or to a general group — often including supermarket, petrol-station or multi-storey car-park areas. Accessibility, not ownership, is decisive.

Driving a vehicle

Covered are motor vehicles and — unlike § 69 StGB — bicycles as well. “Driving” includes setting in motion or steering using the vehicle’s controls (steering, brakes). Short rolling movements or steering a towed vehicle may suffice; mere sitting or brief passenger intervention is not enough.

Acts

• § 315c (1) no. 1: driving while unfit (alcohol, drugs, serious defects). Indicators are impairment signs and ability to perform controlled manoeuvres. Thresholds are pointers, not substitutes for case-by-case assessment.
• § 315c (1) no. 2: grossly unlawful and reckless behaviour (e.g. improper overtaking, priority violations, red-light, U-turning/reversing on motorways) — requiring heightened blameworthiness.

Concrete danger

Required is a near-accident: the risk of damage must come “dangerously close” and fail to materialise essentially by chance. It suffices to endanger one person (including passengers) or significant property. The driven vehicle, if not owned by the driver, is typically not the endangered object. The danger must be caused by the traffic breach.

Mental element, attempt & negligence

Generally, § 315c (1) requires intent as to the act and the danger; conditional intent suffices. The law also covers combinations of intentional conduct with negligent endangerment (para. 3 no. 1) and pure negligence (para. 3 no. 2). In no. 1 cases the attempt is punishable.

Driving licence withdrawal: standard effect & defence routes

Convictions under § 315c are regular cases for licence withdrawal (§ 69 (2) no. 1 StGB). Still, the measure requires a forward-looking finding of unsuitability to drive at the time of judgment. We counter medically (substance effects, expert opinions), technically (measurement chains) and legally (causation, concrete danger, mens rea). Where withdrawal is avoided, a driving ban may be considered; duration and start can often be influenced. Procedural context: criminal procedure, course of proceedings.

Procedure: preliminary withdrawal (§ 111a StPO), evidence preservation & remedies

Even before judgment, a preliminary withdrawal can be ordered if strong reasons suggest later withdrawal; it must be proportionate and lifted if grounds lapse or proceedings are delayed. Licence seizure may run in parallel. We test lawfulness, attack unlawful measures and secure exculpatory evidence. After a decision, we weigh remedies with an eye to prospects and effects on finality and blocking periods. For venues and thresholds see the Local Court and indictment.

Your roadmap with Buchert Jacob Peter

• Immediate steps: exercise the right to remain silent; do not attend a summons for interrogation unaccompanied.
• Analysis: file access, reconstruction, expert questions, causation review (concrete danger).
• Strategy: options for narrowing allegations, targeted motions, alternatives — always with § 69 StGB in view.
• Execution: evidence motions, plea, and if needed, judgment and remedy strategy.
• Aftercare: preparation for re-issuance, traffic-psychology measures, and compliance where relevant.

Your advantages – why Buchert Jacob Peter

• Experienced traffic-crime defence with forensic, medical and technical expertise.
• Prognosis focus: targeted measures instead of mere reaction.
• Transparent communication, quick first assessment, realistic goals.
• Frankfurt-based, nationwide coverage; updates via our Legal Dictionary.
• Interfaces with white-collar and tax criminal law where cases overlap.

Call to action: Clarify your defence now

The earlier we are involved, the better we can set the course — including for your driving licence. Call +49 69 710 33 330 or write to kanzlei@dr-buchert.de. We assess chances and risks after file access, develop a robust strategy and represent you decisively. You can also use our contact page.

FAQ – Road traffic endangerment & driving licence

• Are “weaving lines” alone enough for § 315c?
  No — a concrete danger (near-accident) is required. Impairment signs and a concrete danger must coincide. Without danger, another provision may apply; we verify this after file review.
• Is licence withdrawal mandatory?
  § 315c is a regular ground for withdrawal (§ 69 (2) no. 1), but a prognosis decision is still required. We work to improve the suitability prognosis.
• What about alcohol or cannabis?
  Thresholds alone do not decide § 315c. Key are impairment indicators, concrete danger and causation. Mixed-consumption cases require careful forensic work — we bring the medical perspective into the evidence process.
• Can the case be dismissed?
  Yes, depending on evidence and personal circumstances — options include dismissal of proceedings or narrowing allegations.
• Should I make a statement to the police?
  Use your right to remain silent until we know the file. Do not attend a police or prosecutor’s summons unprepared.

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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