Road traffic

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Road traffic, aviation security, fine, MPU driver's license

As a motor vehicle driver, you have a high level of responsibility towards third parties, your family and yourself. Incorrect speed or exceeding the maximum speed not only involve a high risk of liability. You should also observe these legal requirements in your own interests and in the interests of third parties - especially children (!). If it did happen and you were "flashed", the subjective moment of shock is often very high and probing questions arise about the consequences for the driver's license.

But is it even worth mandating a lawyer in road traffic matters? Well, at least with the indefinite legal term "as a rule" combined with a borderline factual situation. However, in order to assess this precisely, the development is progressing:

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So the Constitutional Court of Rhineland-Palatinate: Judgment of January 15, 2020 (VGH B 19/19): Constitutional complaint due to violation of the rights to effective legal protection as well as the legal judge justified because the Higher Regional Court of Koblenz did not raise the appeal despite the inconsistent higher court case law for the purpose of Divergence submission according to § 121 Abs. 2 GVG, § 79 Abs. 3 OWiG has approved. The start-up procedure was precisely about the comprehensive inspection of files, explicitly the digital measurement data of the hardware and software used for speed measurement through inspection of files. For operating instructions, measurement film (OLG Naumburg, decision of November 5, 2012 - 2 Ss (Bz) 100/12) this has been clear for a long time. The defense attorney has the right to inspect all documents that are also made available to the expert in the context of administrative fine proceedings that involve exceeding the speed limit. This follows from the point of view of ensuring a fair trial (Art. 6 ECHR), the position of the lawyer as an independent organ of the administration of justice (§ 1 BRAO) and the principle of completeness of files.

Hit and run and driver's license
correct: unauthorized removal from the scene of the accident and driving license. Yes, lawyers have to be very specific. Because there are legal worlds between driving without a license and driving without a driver's license.
And whether the unauthorized removal from the scene of the accident, i.e. § 142 StGB, must have something to do with escape behavior was an important issue in my most recent case, which ultimately saved my client from having to withdraw her driving license. Read  here if you want to know more about it.

As a trained pilot with the PPL A, B, C licenses and the AZF professional license, attorney Burgmer also deals with questions of aviation security according to the Aviation Security Act, i.e. your security screening, defense in the event of a violation of the Aviation Act, aircraft accident investigations, license revocation etc.

Blood sampling:
"The results of a police-ordered physical examination of the accused (blood sample) are in any case subject to a prohibition on the use of evidence if the judge's reservation in § 81 a II StPO was deliberately ignored in the order." OLG Dresden, ruling v. May 11, 2009 - 1 Ss 90/09 - guiding principle: NJW 29/2009, p. 2149
But be careful: The OLG Bamberg (decision of 19.3.2009 - 2 Ss 15/09) NJW 29/2009 relativizes this point of view. It always depends on the specific individual case, i.e. the statements of the public prosecutor or the subordinate investigators. In the case of Dresden, for example, the investigators had stated: "They would never try to reach a judge, because they had always done it that way ..." In Bamberg, people had got involved a little more cautiously and had practical reasons, recognizing the general judge's reservation cited, for example the "Saturday evening" and the "rapid breakdown" of alcohol. Nevertheless, there remains an unsatisfactory gray area, namely the more or less skilful admission of the police officers or, on the other hand, possibly the (question) skill of the defense attorney in the main hearing. In any case, some legally permissible strategies are possible in this gray area from a lawyers' point of view: Because it cannot be that the judicial reservation desired by the legislature is undermined with a bold "danger in arrears" handling or as customary law.

Accident handling - insurance

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  There is no qualified legal advice at the kiosk or in the towing workshop!

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We take over civil traffic matters (accident handling) completely and in your interest immediately after an accident. Do not sign or say anything at the scene of the accident or even in the (towing) workshop. You may be in shock. Leave everything to us. You have the right to a lawyer you trust with regard to your insurance company or the other side's insurance. Even with your own full KASKO insurance, it can be worthwhile to entrust your lawyer with the liquidation via the so-called quota prerogative. We'll be happy to do the math for you.

But we also take on civil matters in connection with the motor vehicle, i.e. also notices of defects, withdrawal from the purchase of a used car, warranty and guarantee.

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Police law

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Police law ....?

No, police law is not
 

the red light ride ...
Drink driving ...
Radar control ...
House search ...

all of this has to do with the police as an executive body, but is not police law but falls into the respective general categories of road traffic law, criminal law or criminal procedure law, in which the police are "investigator of the public prosecutor's office" according to § 152 Courts Constitution Act and in which I You can of course also advise. But I specialize in the "police law" This is based on the police laws of the federal states, in our case the police law of North Rhine-Westphalia. Furthermore, the law of the regulatory authorities (OBG); thus the entire law of public security and order, insofar as it concerns your interests as a citizen of a community based on the rule of law.

And these are the topics:
Registration of meetings and demonstrations according to the Assembly Act. Summons for "identification service treatment" according to § 81b StPO, so-called 2nd alternative. Legal remedies, deletion periods (§§ 22 ff. PolG NRW) in pol. Data collections, the so-called crime files Advice to crime victims, "stalking" § 238 StGB, house and place references, return bans (§ 34 a PolG) in the case of domestic violence Advice and representation in case of missing persons Summons to and conduct in a DNA mass screening Orders from regulatory authorities, OWi procedure etc.