But what does “gross” and/or “persistent” mean?
Gross traffic offences are those that frequently result in serious accidents or those that, subjectively speaking, demonstrate such a reckless, careless or callous form of behaviour that a – higher – monetary fine would be an insufficient penalty and would not have the desired learning effect. Persistent violations are ones in which the affected individual repeatedly commits similar illegal acts within a relatively short period of time – and thus demonstrates that he or she lacks the “law-abiding mentality” necessary to responsibly operate a motor vehicle on public thoroughfares.

Things can move so quickly
If authorities order a driving licence suspension, a penalty that is usually much harsher than a fine, this suspension is primarily designed to teach a “lesson” – a lesson that administrative authorities or courts (following the appeal of the order) may on occasion disregard. After all, things can happen quickly in our hectic daily lives and a driver may run a red light that has been red for longer than a second, an event that could indicate that the driver acted deliberately. A standard driving licence suspension is possible in such cases. The same principle applies if a driver is caught speeding 26 km/h or more over the speed limit twice within a period of six months.

Individual factors matter
If doubts arise in the cases described here and in similar scenarios, one critical question must be addressed: Does a suspension represent an unreasonably harsh penalty? This requires a fundamental determination to be made regarding the question of whether the accused acted with an increased level of recklessness or “simply” experienced a lapse of concentration, that is whether an individual who is normally a very careful and attentive driver lost his or her concentration for a brief moment. Key factors here include the individual’s knowledge of the area, recognition of street signs and construction-related conditions. If the accused wants to credibly demonstrate that a suspension of the driving licence represents an unreasonable penalty, the individual should make his or her case at an early stage and in great detail as well as clearly demonstrate that a suspension poses a threat to the individual’s existence. Simple professional and financial difficulties are insufficient arguments. The potential loss of employment is a different matter. This is viewed in practically all instances – although rare ones – as an unreasonable penalty. Other reasons that can prevent the suspension of a driving licence include a physical disability and/or illness or family members who require care.

A limited lesson
Another question that must be considered is whether the “lesson” could be limited only to certain types of vehicles. In such cases, German lawyers speak of the observance of the principle of proportionality and the prohibition of disproportionate measures. In one case, the driving licence of an independent farmer was suspended for speeding. But this “behind-the-wheel sinner” was able to win a ruling that limited the suspension only to cars. The court based its decision on the fact that the farmer needed to use his agricultural vehicles on public roads as part of his farming work (Düsseldorf Higher Regional Court, ruling from 06/06/1994 – 5 Ss (OWi) 187/94 – 5 Ss (OWi) 103/94 I).

Suspension lifted … what about the fine?
But like so many things in life, all that glitters is not gold. A decision against imposing a driving licence suspension frequently results in a much higher fine – up to three times the original amount. Another consideration is that the courts or the prosecutors assigned the case will apply ever tougher definitions to the special circumstances in the case. Preventing a driving licence from being suspended is – for very good reason – anything but a walk in the park.