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Shattered windshield after an accident
Photo: Kirill Rudenko / Getty Images
The German Traffic Court Association has spoken out in favor of confiscating cars after drunk or drugged driving in the future under certain conditions. There is a “need for action” because alcohol or drugs are often involved in serious accidents, it was said after the conference on Friday in Goslar. The authorities should always be able to confiscate the vehicle if a perpetrator has already been legally convicted of drunk driving in the past five years.
The Traffic Court Day is an annual specialist conference lasting several days, at which experts in various working groups discuss legal problems in the traffic sector. Those involved include representatives from politics, the judiciary, authorities, science and business. Their recommendations often influence later debates about changes to the law.
For some crimes, a criminal's vehicle can already be confiscated, for example in illegal street racing. This is not yet possible for drunk driving. According to the law, drunk driving with a blood alcohol content of 0.5 or more is a misdemeanor, but drivers with a blood alcohol level of 0.3 or more can commit a crime if they cause an accident or drive in serpentine lines.
Even for leased vehicles
According to a paper from the responsible working group, confiscation of the vehicle should not be tied to limits and should also be possible if the vehicle does not belong to the driver.
The recommendation received a positive response from police unions. "This year's traffic court day clearly sent signals in the direction of strengthening traffic safety - now it's up to the legislature," said traffic expert from the German Police Union, Marco Schäler. However, the German Lawyers' Association had previously spoken out against confiscating cars after drunk driving. The sanctions are already “significant”.
Hit and run should remain a criminal offense
The ADAC reiterated that drunk driving must be combated effectively, as before with the withdrawal of driving licenses and even stricter controls. “Always confiscating the vehicle is difficult because it would not be proportionate in all individual cases,” said Transport President Gerhard Hillebrand. "Especially since the vehicle is often not owned by the traffic offender, but rather leased."
In the case of a hit-and-run accident, the traffic court voted against downgrading it to a misdemeanor. The working group at the conference dealing with the topic recommended "by a large majority" that unauthorized removal from the scene of an accident, even in the event of sheet metal damage, should continue to be considered a criminal offense. At the same time, the experts recommended simplifying the rules. Their “complexity” is too much for many people.
New register required
The working group recommended setting a minimum waiting time after accidents. In addition, he also recommended "by a large majority" that a new type of central and neutral reporting center be set up, where those involved can in future fulfill their legal obligation to report accidents and provide personal data. After minor accidents such as parking collisions, it would eliminate the need to wait for the police on site.
Police unions and automobile clubs such as the ACV reject decriminalizing hit-and-runs in minor cases and welcomed the experts' recommendation. "A downgrade to an administrative offense would have sent the wrong signal, but from the police perspective it is right to make the regulations more practical," said police union member Schäler.
According to the police union, the number of hit-and-runs could even decrease through the introduction of a neutral reporting center. This could lead to drivers reporting there in the future who have previously avoided reporting an accident to the police because of fears of being prosecuted for drunk driving, explained deputy boss Michael Mertens. It is important that accident victims are not left with damages. This is still secured.
lki/msk/dpa