What should I write on the hearing form to get the smallest possible penalty?
Good day,
First of all, I'm 18 years old and therefore on probation for my driver's license. I rely on my car for work. Now, to the case.
On September 3rd, around 10 p.m., I was driving home as usual. On my way, I passed a railroad crossing with traffic lights. As I passed the 80-meter mark before the crossing (where the speed limit was 70 km/h), the traffic light turned yellow, and I was too close to the crossing to safely stop.
Long story short: I continued driving, and behind the railroad crossing, the police stopped me and told me I'd run a red light. I didn't sign anything and didn't admit anything, but now the hearing form has arrived, and I can either comment or admit the violation. So far, I've come up with this formulation:
I don't admit the violation because… I was driving toward the railroad crossing at 70 km/h. After passing the 80m mark, the traffic light turned yellow, and at that speed, I felt it was unlikely that I could stop safely and in time, so I continued driving. Beyond the railroad crossing, police officers emerged from a path next to the main road and told me I had driven through a red railroad crossing.
Is this okay or should I phrase it differently?
Thank you in advance
The stopping distance at 70 km/h is 70 meters (normal braking, no danger braking). So stopping would have been possible without problems.
In addition, it should always be expected to be able to skip at any time and to be ready for braking.
You won’t do anything with the reason.
In general, the indication that “a brake would have been nothing or would have been too dangerous” will never go through as justification for a red light ride.
Possibility 1 would doubt the observation of the police. This will probably go out to a court appointment where a judge will listen to you and the police and then make a decision. If you don’t have a lawyer, it’s probably not going to take you any further, because you’ve got to ask the cops for some kind of questions.
Possibility 2: Fair times the duration of the yellow phase at the traffic light. According to Administrative regulation of the StVO (According to § 37, paragraph 17), the yellow phase should generally be five seconds with allowed 70 km/h. If the duration is shorter there, this could possibly be a chance for you, with the formulation “usually” allowing a certain flexibility.
Otherwise, if you have actually gone over red, you have done something wrong and have to bear the necessary consequences. You’re not the first and you won’t be the last one that’s happening.
all right, and what should I best write in the hearing sheet to get as little punishment as possible?
There is a fixed rule rate of 90 € and 1 point (at less than 1 second red light). Of this, it is usually not deviated. It doesn’t matter what you’re writing in, it’s going to run out pretty sure of the rule set.
…at times no longer need a reaction time when you drive on a light sign and see if it is red/will or not.
It depends on whether more or less than 1 second, whether with or without danger. Must be in the hearing sheet, which is exactly what you are accused of. There is enough money calculator on the Internet.
the police said 240 and 1 month driving ban
Traffic offences are covered by a fine catalogue.
That means you can’t “slow” your sentence.
Either you get what the catalogue provides for a red light failure, or nothing.
What now? First you write, you don’t admit that you drove over the red lights and then you explain why you drove over the red lights.
If you do not admit the misconduct, then it would be useful to follow a story that the red light was not red at all, that you could not see it or that it was not valid for you (because, for example, any regulations were not complied with).
If the lane crossing is marked with Andreaskreuzen, you should definitely not admit that you have traveled over the lane crossing at 70. Because according to StVO § 19, you have to approach these railway crossings at a moderate speed… before the crossing you have to look at the right and left as to whether a train is coming. It is possible that a train comes (the priority has) without the red light glowing!
No, your story doesn’t change the accusation and makes things worse in the darkest case.
And quite honestly: A driver who can’t estimate whether he can stand from 70 km/h within 80 m, it might be quite good if he pays a bite of tuition.
I explain why I was driving over a yellow
How come the police saw the traffic lights as red?
The problem is that you have nothing to know about.
🤦🤦🤦
but if you tell me it was like that, but there are no evidence of what then?
You say.
Other people have seen it differently.
Provide evidence that the traffic light was not red.
Thank you for your verdict, Mr Hobbyrichter. I drove over a yellow light – yes. But not about a red, and that’s the problem.
And what is that supposed to do with it? What kind of an idiotic justification – what, RESULTS – is that supposed to be? Do you think cops are self-employed?
Unfortunately, my compassion and understanding is now zero.
I hope you don’t have the money. For purpose. And fat building seminar plus extension of the trial period.
There are things you have to earn.
The police are paid by the federal state. The official’s grade is completely independent of what is done during the working hours.
A fine goes to the municipality.
Would you please explain to me what financial interest a policeman should have in a fine?
Sorry, if I say so, this is an answer that comes from someone who wants to blame someone, skin psache he doesn’t need to think that he could have done something wrong.
they seem to need money
At 80m and 70km/h you could have stopped. Besides, you should reduce the speed before a lane crossing.
The whole thing was observed by the police, so there are two excellent witnesses who speak against you. You don’t really get out of this thing. The cheapest for you would be a dream of the act. Everything else only leads to investigations that cost you and, if necessary, to a trial that you have to pay for the penalty
what should I write best?
“I admit the violation as it is accused me”
You could’ve made it easy. So it doesn’t matter what you write in there.
the stopping path at 70 kmh and the braking system is approx. 80m
The braking distance normal Brake from 70 km/h is:
(70/10)*(70/10) = 7*7 = 49 meters.
In the event of a danger braking, half of this braking path is easily possible.
What’s your bill?
No.
You say. What proof do you have, who would clearly show a judge that the police have looked wrong?
You can turn on a reviewer who calculates how long you took from the 80 m Bake to the crossing of the railway and how long the yellow phase of the traffic lights is.
The lights jumped on yellow. After that, she would have jumped on red, but I was already over when that happened.
He falls away, since it must not be a surprise when a light sign jumps on red. Then you are prepared as a driver, as soon as you can see that you are heading for a light sign.
And even if you still have 1 second of commemoration, it’s enough.
Reaction path
80m away?
70km/h?
70km/h are 19,44m/s
4 seconds to stop!
So you just went on for 4 seconds without braking?
No matter what a car, it would have been easy to stop, so intentionally simply drove through!
This will also tell you the judge if you want to make driving ban and the points against the month.
Just leave it, but you also made it so nasty, seemingly you don’t even know your car or have an approximate idea of how long a stop is at 70.. (without danger braking, easy stop!)
I was past the 80m for a long time, not directly at the mark
What else can I write
Just let it go, don’t get anything, you’re overcrowded with a bang.
Even a danger brake would have been possible 45m before.
Either way, you walk 1 month – but you can push into the holiday time if you don’t have to go to work.
You can’t stop to standstill within 80m at 70km/h? Do you run a freight train? Very weak reason and completely unrealistic.
There was enough time to slow down.
what should I write instead?