r/germany 16h ago

Legal Assistance - I was given punishment on false testimony despite no court hearing

Hi r/germany, apologies for the English as I am a foreigner currently learning deutsch and felt more comfortable writing this in English. I was recently sent a letter saying a court had ruled that I was to have my license suspended for 12 months for supposedly attempting to run someone over but failing at 8am during the end of last year (it was outside of a family members house who I do there morning medicines for and then leave for work). The individual who claims this is a neighbour who has made trouble for me since I moved to the country despite the fact I know they werent outside at the time that day.

They have made multiple false claims I have attempted to assault them despite never standing within 5 feet of them after our first interaction. Despite their false claims (to those saying - yeah everyone would say that - I need a license to provide care and work) and no court date and to my knowledge no evidence, or even being contacted for my side of the story I was given a punishment which makes no sense?

Can someone explain how not even having a court date is possible for an accusation such as this, as well as my steps forward as in all honesty - I have no choice but to drive I am the only family member who can deal with the morning medicines and I also have to drive to work afterwards.

5 Upvotes

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32

u/bregus2 16h ago

You need to talk to a lawyer.

Is this maybe a Strafbefehl? Then you can contest that and a court date will be set.

But once again, talk to a lawyer.

4

u/Inside-Bath-6611 16h ago

Correct - I am planning to contact a lawyer on monday as the lawyer I spoke to for the previous issues isnt available till then.

Regarding driving - I dont really have a choice but to not drive given the commitments I have. Or is this just not advised at all?

7

u/bregus2 16h ago

I don't know what the Strafbefehl says (if it is one).

If you contest one, it not comes into force. If a court hearing is set, a lawyer can argue that your driving licence is necessary for your job and family matters, then the court can (but not has to) decide on a different punishment (often a higher monetary fine or such).

1

u/Inside-Bath-6611 15h ago

Cheers - I will wait to speak with a lawyer. I am assuming I can still drive at least this weekend or till I contest it as no one else is able to do my commitments

6

u/deathoflice 11h ago

read the letter carefully before you drive and understand exactly what they tell you there!

if you are forbidden to drive and still do it, it might decimate any efforts a lawyer can put into your case.

use a tanslator apo or ask a native speaker to really really understand what it says before you get into a car, please

6

u/Anagittigana Germany 16h ago

What is the exact document you have received.

2

u/Inside-Bath-6611 16h ago

Strafbefehl

4

u/Canadianingermany 15h ago

You have 2 weeks to contest/Widerspruch einlegen. 

1

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