Coercion in traffic: these consequences are possible
|Threatening violence||Imprisonment for up to three years or fine, revocation of driving license, 3 points in Flensburg, driving ban (1 – 3 months)|
|To threaten to act, to tolerate or to omit||imprisonment for up to three years or a fine, revocation of the driving license, 3 points in Flensburg, driving ban (1 – 3 months)|
What does coercion actually mean?
Pushing also belongs to coercion in road traffic
Coercion in traffic is a Offense and can even be Up to three years in prison be sentenced. But when is a coercion? To answer this question, there are very many factors important. In addition, each case individually to consider, which is why no blanket statements can be made when it comes to the criminal offense of coercion in road traffic.
First is the coercion in traffic from the offense of Offense to distinguish. The Showing the finger in traffic, is regularly not seen as a coercion. Here, rather, the facts of the insult, which, however, also constitutes a criminal offense and as such at least with a Fine can be punished. In the case of a coercion in the traffic it is necessary to weigh some points, whether it is really such an act.
The Use the light flasher is not yet coercion, because the German criminal law assumes that every person has a certain degree of prudence and can overlook it. Due to many Rulings on the penalty for coercion in road traffic we have compiled here some cases that meet the facts of the case.
FAQ: Coercion in traffic
It is usually coercion when a person is forced by force or threat of force to do or refrain from doing something. In this case there is a criminal offense.
For example, the offense of coercion in traffic may be committed when a driver intentionally slows down another, tailgates him, or impedes him in an overtaking maneuver without cause. However, it always depends on the individual case.
Coercion can result in three points in Flensburg, a driving ban of between one and three months, the withdrawal of the driver’s license, a fine or a prison sentence of up to three years. Therefore, a fine alone is usually not enough.
Specific guide to coercion in road traffic
One or the other driver uses the headlight flasher inflationary, which often leads to dangerous misunderstandings. However, the use is only really allowed in the fewest cases. When you are allowed to use the headlight flasher and what sanctions you may face in case of misuse, read here! » Read more.
Coercion also exists in road traffic – but how to proceed if a complaint is filed and one statement stands against the other? Does this always mean an acquittal? » Read more.
The definition in the penal code: coercion
Since there is no separate paragraph for the coercion in road traffic in the Criminal Code (StGB) there, the courts must refer to § 240 StGB fall back. Only if this fact is fulfilled, it is also a coercion in traffic.
Whoever unlawfully coerces a person by force or by threat of a serious evil to perform an act, to tolerate or to refrain from an act, is liable to a custodial sentence not exceeding three years or to a monetary penalty. (Source: § 240 Abs. 1 StGB)
The paragraphs 2 and 3 regulate that also the Attempt punishable is as well as the act then unlawful is, "if the use of force or the threat of the evil for the purpose sought is to be considered reprehensible".
This means that coercion in road traffic can be considered a criminal offense if the alleged offender acted intentionally. Intent is always present when the road user has the decision made has the intention to coerce the other person. So he must with full intent have acted. Since this characteristic is almost always present in coercion, the act is often punishable.
Coercion and insult differ in the degree of punishment
The coercion can therefore be
- force or
- by the threat of a serious evil
occur. These two options will be explained in the next section.
coercion in road traffic by means of force
The penalty of coercion is fulfilled only if the concept of force is interpreted broadly or narrowly will. The wide interpretation is given when the victim of the coercion in road traffic in the freedom of decision impaired becomes.
In other words, the alleged perpetrator acts on the victim in such a way that he or she subjectively to a certain behavior feels coerced. This is not a matter of physical, but rather psychological violence. The narrow interpretation means exactly the opposite. Here the physical force spoken.
The alleged perpetrator puts the victim into a kind of physical coercion, so that the person concerned is actually physically impaired. To do this, however, the offender must use "physical force", i.e. hit the victim, etc.
Coercion in road traffic by means of threat with a sensitive evil
It is always a threat if the perpetrator has Forcing the victim to behave in a certain way would like, because he thinks, on this influence and finally also exercises this. The threat is to be distinguished from the Warning to delimit, since here a Reference to an event which results in a deed, on the victim the offender has no influence.
A serious evil in turn is a loss of value to such an extent that it determines the behavior of the victim. An evil is therefore loss of value or. a disadvantage. Thus, if the coerced person realizes that a great disadvantage could arise, he changes his behavior. He does not do so of his own free will, which is why coercion is a Restriction of freedom represents.
Coercion in road traffic and its consequences
Coercion in traffic: the penalty is usually set by a court of law.
While pointing the middle finger in road traffic counts as an insult and is punishable by a fine coercion in road traffic is a criminal offense. It can even result in imprisonment of up to three years to be punished.
However, coercion in traffic can also be considered as a Misdemeanor be treated. This is always the case when the driver can only short jostling. In addition, the distance is also decisive. The circumstances should be examined individually. In these cases the alleged offender can expect a fine.
It is a penalty, for example, if the tailgater shortened the distance to less than one meter. Because then he threatens the person in front of him so much that the latter is feels compelled to drive faster. The Higher Regional Court of Stuttgart defined the occurrence of coercion in road traffic as a process which of some duration and greater intensity is.
That understands the German jurisdiction of coercion in traffic:
- Braking out: braking for no reason or a sudden change of lane is an obstacle and therefore an act of force. Exception: There is no intent. Example of no intent: Children on the side of the road justifying sudden braking.
- Tailgating: If the tailgater does not stop with the continuation of the dangerous and frightening behavior and the victim is in a predicament, it is usually coercion in traffic. Important aspects in road traffic: speed of the vehicles, distances, distance and duration of the act
- Obstruction of overtaking: A charge of coercion in road traffic is usually justified if there is a harassing obstruction, a deliberate slow driving together with a sudden swerving or a persistent driving on the left when the right road is clear.
The coercion in traffic can also Points result in. Three points in Flensburg will be due if the court considers the coercion to be a violation of the law Criminal offense judges. In this case, the driving license can also be the consequence. The court often pronounces a Suspension period of at least six months up to five years from which the alleged offender may not apply for a new driver’s license. However, this not a regular case. Rather a Driving ban of one to three months be imposed.
Does coercion in road traffic constitute a Testimony against testimony and the procedure is carried out without witnesses, the judge decides, as he is convinced. Nevertheless, it can be worthwhile to engage a lawyer, since he knows comparable court decisions and can help the defendant with a targeted argumentation in court.
Was just driving on a country road and was thwarted by another driver. He is despite speed limit 100 only 60 driven and has forever braked unnecessarily and back and forth driven. Me therefore also to overtake prevented. Have then honked and also lit up. Then braked so hard and almost caused an accident.. Am later honestly and fully annoyed right on the hard shoulder past him where he has also tried me aburdrangen and again has almost caused an accident… Then I am unfortunately lost my composure and have rashly held the middle finger that he has seen him from behind. He then drove up close to me and was later then gone again Where I wanted to ask him what that’s about..
Can anyone tell me who has now coerced? And whether I must expect now nevertheless also if it was inconsiderate with an announcement?
It is extremely difficult to assess such cases from a distance, as we have too few details and do not know the situation on the spot.
The editors of bussgeldkatalog.org
Was pushed from my driver’s side this afternoon!!So the following, the driver opposite had 4-5 parked cars on his side and although the road is well overlooked and me coming saw overtaken!!
I had to brake hard to avoid ruining my rims on the curb.
drive over you idiot was shouted. (summer) window open.
I have written down the license plate number ! Can I report such behavior to the police??
In advance already times a THANK YOU
that can best be told to you by the police or. a lawyer answer.
The editors of bussgeldkatalog.org
I was prevented from overtaking today by a vehicle in which he increased the speed and did not let me pass. Thereupon I arranged myself again behind him and operated several times the headlight flasher. At the next entrance to the town he stopped unexpectedly, so that I had to make a full braking. We both got out and he pushed me against my vehicle and hit me in the face. My question: What kind of punishment can he expect and is there something I have to pay for flashing my lights? ?
please contact a lawyer.
The editorial staff of bussgeldkatalog.org
Lately it happens more often that other drivers accelerate when I want to overtake them. 2 of this car drivers overtook me before. When I wanted to overtake them because of their slower driving, they accelerated strongly. So that I had to stop the overtaking maneuver. Can I bring such a thing as coercion to the charge??
One overtook me today before with about 150 km/h to 160 km/h I drove myself 120 km/h. In the connection is driven quite normally with his 260 hp Golf only as I then to him Vorbeite he gave full throttle, to which he braked me out because of my headlight flasher!
In my opinion, only the police has the right to regulate road users and not other drivers by accelerating while you already want to overtake!
Hello dear team,
I parked my car in front of fire hydrants(at work). Later there was a note on the windshield that the car was photographed by the police for wrong parking and I would be reported for coercion. Why this is ne coercion, do not understand, but would like to know what to expect me??
With kind regards
While I was today on the way with my car home, a car drove dauhaft 10 km/h too slowly.
In the city where thirty is then about 15-20 km/h. Where I drove around a bend I almost drove on him with my 30km/h whereby I briefly, really only briefly pressed my horn so that he accelerates a bit.( for me warning signal )
He started to wave his fist wildly in his car and slowed me down to 5-10 km/h.
Since I passed him, pulled over and he also had to stop where I am then with him to the window and spoke to him and said to him that he should also adhere to the stvo because he has been doing this for a long time.
Since he said to me he shows me because of harassment on.
How do I behave and what do I have to be prepared for??
LG Daniel R
it is best to contact a lawyer if you should receive a complaint.
The editorial staff of bussgeldkatalog.org
Dear fine catalog team,
I live in the village and there are many old people here, who in my opinion should give up their driver’s license long ago. The drive partly out of town (100 zone) with 60 Km/h and obstruct the entire traffic flow without any reason. Since there are some blind curves, overtaking in such places is often not possible.
My question is: is there a legal way to make these people aware of their driving too slow ?
You can of course seek the conversation or in the case of traffic endangering driving behavior Ordnungsamt / police switch on.
The editors of bussgeldkatalog.org
Is it coercion if I am prevented from parking by another vehicle pulling up behind me and stopping there?
we are not allowed to give free legal advice. Therefore, contact a traffic law attorney for an assessment.
The editors of bussgeldkatalog.org
One gets the impression that all problems can be solved by relying on the rule of law and the forces of law and order (police and public order office). You just have to know how to do it right.
Unfortunately it is not so.
I rented a double garage with a narrow driveway right in front of my house 10 years ago, for which I pay €2000 a year. The street in front is narrow and the special situation in the city often leads to vehicles standing in front of my driveway in such a way that I can neither get in nor out. (There is a hospital in the neighborhood) Not because the cars are in front of my garage, but because other drivers are so close to or behind the exit that it is not possible to drive in or out. You have to drive into the driveway in a curve.
This leads to ca. 40 to 50 days in the year to it, that I must call order office or police around the vehicles to remove.
Earlier this was also carried out without complaint.
In the meantime it seems to give probably the instruction not to intervene any more completely so fast.
I must discuss more and more often with the coworkers of the office for order or police locally and justify my "justified desire" for use of my garage. Do I really want to get out, or do I just have it towed for fun ? I do not come yet somehow in, or out … one can also be helpful to me and instruct me.
In the meantime I often hold out my key and say: "If you can do that, please do so. I can not get in there."
The answer is then often "Unfortunately, we are not allowed to"
It is then tried for 10 to 20 minutes to determine the owner of the vehicle and to move this to drive away independently. Then the tow truck also needs another 15 to 30 minutes until it arrives.
On average it takes me 45 minutes to remove a vehicle from in front of my garage. I am regularly late for work and in the meantime my boss is also tired of my explanations "I was parked on the street".
If I call the Ordnungsamt because once again someone is standing there, comes a 10€ "ticket" on the window and good is’. "Parking with a disability, parking in the area of the lowered sidewalk". Often the cars stand there for several days. It’s cheap parking for 10 €
The correspondence with the city and the office of order fills meanwhile 3 folders and the discussions with other drivers, if I still meet them, derail at times completely. I have been threatened and assaulted even in the presence of the police ! My car has been scratched and my windshield wipers bent.
There I am insulted as "stupid asshole, typical German, Korinthenkacker" or similar. Often drivers also demand that I prove that it is really my garage and I do not just want to have the parking space.
A lawyer to enforce measures to defuse the situation has so far cost me 1000€ … without success. Not even a "hatch" in front of the driveway I could enforce ! Let alone a concrete bucket or something like that. In the course of the years I could obtain 3 local appointments with coworkers of the order office. Without success.
Reason: "We all have to make certain compromises in the city and the situation would have been known to me when I rented the garage."
On inquiry with the office concerning markings it was said: "Oh, for markings is the Mr. xxxxxx responsible. He is tough in these things. I do not believe that you get through that. But you can try it".
So it seems to depend on the discretion of individuals (without legal competence), what is right and law.
In the meantime I have bought an ancient scooter and this I put now when I have important appointments on the street in front of the garage, so that I get out in the morning also guaranteed.
And of course the scooter was also simply moved (with CHAIN LOCK) and a car parked there.
When I then addressed the driver, whom I met later still on it, threatened this with an announcement because of coercion, because I block half the street with my scooter. That, just to come back to the topic once again.
I just laughed and walked away ….
Drove on 21.12.2018 on a road where 50 km/h was allowed my 50. As a car always drove up close and draengelte. I was briefly over 50 because I wanted distance and have there braked to 50 to maintain speed.
He overtook braked again and got out at intersection came up to my car and photographed my car. I braked and stopped. There was no damage neither to me nor to him. Can he just stand in front of my car at the intersection and take pictures and can he press charges with the police?. He had passengers.
Is it harassment when someone is pushing you and forcing you to speed up and you brake when you are going too fast?.
He overtook and got out at the intersection took pictures of my car and prevented me from driving further. There was no damage and no one was hurt. Can he go to the police with photos and file a complaint.
Whether the pushing in this case is a coercion, can not be answered in a general way. This must always be decided in each individual case. If in doubt, consult a lawyer for traffic law.
The editors of bussgeldkatalog.org
Situation from today: a car driver backed out of a property in front of me across the sidewalk, without paying attention to me as a pedestrian, when I passed this property on said sidewalk. I was/am of the opinion, he would have seen me already when getting into his car or would have at least looked for pedestrians when backing up and ggF. also have to wait before resetting. Because I believe on the sidewalk pedestrians have "right of way" over vehicles exiting properties.
Now my question: was this behavior of the car driver coercion or does it possibly meet the requirements of the law?. another fact?
on a distance of approx. 15 kilometers an Audifahrer drove up to me again and again so close that I could not even see his license plate in the rearview mirror. Since I had a few cars in front of me I could not drive faster myself accordingly. When the traffic jammed for a short time and I turned on the hot flasher, the driver in question activated the headlight flasher and drove up again more closely. In addition, he tried several times from the right to overtake because it did not work because of the obstacles (trucks or slower cars) he swerved pretty close behind me again, with an unexpected braking it would definitely have come to the accident. I remembered the license plate, is it worth to file a complaint or not??
The following situation:
After a construction site, I get into the right lane.
Being overtaken by a honking car, cut and slowed down.
When trying to overtake on the left (2 lanes) the car accelerates on the right, so does not let me overtake.
Shears left and brakes me out again.
Once, I was able to overtake, but was then directly overtaken again and slowed down again.
And the scarce 10 km.
On my horn and flash no reaction.
Now my question,
That would be coercion.
Does a report bring what?
Legal protection not available.
I was alone in the car.
The to 2.
Actually want the driver to be held accountable.
I understand if you cut one, and then gone, but what he has pulled off today, was blatant.
last tuesday a driver took my right of way. At first I thought he was stopping, but then had to slow down because he was simply pushing onto the roadway. Thereupon I "honked" at him to make him aware of his misbehavior. Then he suddenly braked, so that I had to perform an emergency stop. (But it was only about. 30km/h). I then memorized the license plate number. Due to the shock I had unfortunately not memorized the license plate of the car behind me. Only after a few minutes I remembered the license plate of the car behind me. However, I do not know for sure whether this car was already driving behind me at the time of the incident. Unfortunately it happens very often at this place that someone takes the right of way and I am not someone who immediately files a complaint because of something like that. But the intentional endangering by his slowing down just moves me to possibly. to file a report this time. However, I think to myself then it will certainly be testimony against testimony and have no consequences for him, and for me then only be annoying. Therefore, the question, report or is that in the case anyway pointless?
I was strongly coerced by a driver on the highway and after the overtaking maneuver strongly braked out. (From 120kmh to 40kmh) When he braked out, he also blocked the right lane and the exit, he drove in the middle. I had no chance to get out of the way.
How long is the car owner obliged to remember to whom, when, he has lent his car??
My situation from yesterday: A driver pushed me and my girlfriend on a steep forest where 100 was allowed. It was already 1:00 in the morning because my car can not accelerate so fast I could first "only" 90 drive. The car driver did not let up and kept on pushing and did not overtake. Suddenly he pushed so hard and turned on the high beams. I was so dazzled and saw nothing more and hung in the next curve almost in the delineator. Shocked I stopped in the curve and turned on the hazard warning lights and waited until he was gone fur. The driver stood in front of us and rolled down the window. We remained sitting shocked. Unfortunately you could see that he did not want to apologize, but wanted to make stress and threaten us. After a while for him away. A few meters further, he stood in the middle of the road to intercept us with both doors open. I wipe out and fur away. There was not a soul there and we as two girls with 19 years and dresses did not want to get off. Such a thing should not actually be in traffic on the road. Unfortunately we have forgotten to note the license plate. Since my car also does not glide like a 1 through the curves, we had been by the jostling briefly on two edges. What is the penalty here? With a car driver so to speak to an accident urges?
I was driving in the summer of 2018 on a section without speed limit.
The acceleration of me was already underway, when a car from the middle lane suddenly changed lanes blink and change at the same time.
She was about 20m ahead of me, you with about 120 and I about 160/70 I had to make an emergency stop where I would have driven her a few centimeters behind on it.
She definitely had the opportunity to change back into her lane, however she stayed true to her lane change and ignored my honk and flash or didn’t look in the rear view mirror.She and many others think that blinking entitles to change lanes.
Apparently she did not notice that I had to do a full braking and my flasher should rather be understood as a warning to break off her spontaneous lane change
Now I have a complaint for coercion and should by order of the prosecutor’s office to the Erkennungsdienstlichen recording .
She claims I would be with Lchthupe to a few cm augefahen.
She is already right but this dense driving up was a full braking and I almost drove on the back.
Then comes the best..She would not have had the possibility to turn right because there was a car on the right. And when she then wanted to sheer right, I would have probably overtaken her right
That would mean she was deliberately blocking the left lane.
Then she claims that I braked her down to 50 kmh and then did an emergency stop so that she had to brake and skidded and panicked.
But the lady had so much time to describe me exactly.
Bald head, smoked a cigarette, light colored shirt.
I drove briefly right up with her and also showed her the windshield wiper, but that was also all in crime
I am the one who was coerced here.
And I have incidentally my overtaking process visually indicated.
If I hadn’t gone into emergency braking, she probably wouldn’t have been able to make this statement against me.
With friendly greetings
I had an incident this morning on the way to work, where the driver in front of me I braked 7 times. It is a street in the city, where 50 km/h are allowed. These 50 also drove all. The driver in front of me had no car in front of him and went again and again totally on the irons that I almost drove into him behind; and that several times. At the same time, the cars behind me (a convoy) almost hit me in the back because I had to brake so hard.
The driver in front of me showed me his fist at the traffic light; I flashed my lights. Afterwards on a road where also 50 are permitted, where the road has however cobblestones as a surface, he braked again extremely down – of 50 on 10 to it then with times again faster drove. This is how it went a few times.
What is the legal situation here? Can I report him to the police? I even wrote down his car and the complete license plate number. But I can not prove anything. Nothing happened.
He also had no car in front of him; nothing at all.
What would have been, if I would have driven into his back? Then also me one would have driven in the back. I got really angry, wondering how one can drive like that.
What is the legal situation here? What makes him brake so hard all the time??
I am interested in whether I can go to the police with it, so that the person gets a letter from the police at home.
Thanks for the answers.
how does it behave if a driver behind me on the overtaking lane rushes up, while I am just in the overtaking procedure, the other one however further accelerates and drives up so closely that I must already break off the overtaking procedure almost panically? So happened on the highway at maximum speed 120km/h… the other was clearly faster on the road.
A motorist drives out of the courtyard entrance directly in front of my own vehicle, so that I have to brake very hard. Afterwards the driver in front drives conspicuously slowly through the village with approx. 35 km/h, brakes several times for no reason, shakes his fist, raises his finger in the manner of a senior teacher. Shortly before leaving the village he brakes again clearly and drives extremely leisurely out of the place. When a free, completely visible stretch comes, I set the blinker, I change to the opposite lane and accelerate briskly to complete the overtaking process. At this moment the driver in front wakes up, accelerates to about 120 km/h. I break off the overtaking process and get in behind the car in front of me. As soon as he perceives that, he takes the speed out, brakes as quickly as possible to 60 km/h and resumes his slow driving. I had to perform an emergency braking with ABS application. The car in front switched on the hazard warning lights and tested his brakes at every third delineator for their presence. At the next opportunity I started to overtake again. The driver in front accelerated again and stayed on my level. A reinsertion behind him was for me with extreme dangers occupied, already 2 minutes before I could just avoid an accident. Unfortunately, it came so far that I could not turn in after driving into the next place. At just under 140 km/h and about 400 m into the town, I had to continue to drive on the left. Would there have been any other option for me at all?? After I finally managed to get in front of the other guy, he drove up to within 2 m or less of me, dazzled – but that didn’t bother me much as the lights were below the trunk lid.
funny story. My brother’s vehicle is registered in my name because my brother has filed for bankruptcy. When I got a letter from the police, because of coercion in traffic according to § 240 Abs. 1 StGB, I have unfortunately all admitted that I was the driver and that I am the act committed. Now I have received a letter saying that I have a €3 fine.000 fine must pay and that I my driver’s license is confiscated and I can make only after 10 months a new driver’s license.
The question is, what can I do now? I now wanted to state the true facts that my brother was the driver of the vehicle and thus he is the one who caused the coercion. Only, I am afraid I will not be believed now, or worse, I will be accused of false testimony. Can someone please tell me what I can do now? Do I have any alternatives now? Thanks in advance.
at the weekend I drove with my girlfriend with the motorcycle. Behind us a car has repeatedly pushed and also again something(!) left place. When I wanted to overtake another passenger car with the motorcycle (with more than sufficient distance to the tailgating, approx. 100Meter) and was already on the left lane had to probably press the gas pedal and almost run me over, although he had seen quite clearly that I was already overtaking. He arrived already with much higher speed and pushed up to about 1 meter on. But since I had noticed the jostler I had to accelerate for fear of being knocked down. The traffic light in front of us had changed to orange, By a full braking after the again threading on the right lane I had still made it. When I turned around to ask what was going on, the driver just grinned stupidly and gave a thumbs up and of course kept on pushing and honking. I finally let him go ahead and memorized the license plate number. Can I go to the police with this?