Driving Ban with New Job: Not so Fast!
Facing a driving ban dilemma due to work commitments?
Ever got a driving ban following a traffic violation and worried about how it'll affect your job, especially when you've just landed a new one? Fret not! In some cases, using the term "professional hardship," you might be able to appeal the ban. But, it ain't all sunshine and rainbows. Here's the lowdown on the whole caper.
Let's run the numbers. If you get busted for speeding outside built-up areas and the law puts the boot down by slapping a driving ban on you, only to find yourself unemployed at the time — no biggie, right? Wrong! Some folks might not get the chance to work again until the ban is served, but it's not necessarily the end of the road for you.
Take the recent case, for example, where a guy was cruising excessively outside built-up areas, and the law threw a ban and a whopping €800 fine at him. When he got that penalty notice, he'd already been out of work for half a year. Then, lo and behold, he nabbed a new job! He fired off an appeal, claiming that the driving ban would cost him his new gig. Unfortunately, the Weißenfels Local Court wasn't swayed by his plea and laid down the hammer.
But the saga didn't end there. Our speedy friend took his case to the Higher Regional Court (OLG) Naumburg. Thankfully, they saw things differently! They felt that the fact that the ban could have been served during the unemployed period wasn't enough to disregard the existence of professional hardship.
Pro Tip Winning the Professional Hardship Lottery: It's essential to roll up your sleeves, gather your documents, and be ready to take on the court if you've got a driving ban and a rockin' new job.
So what have we learned? The local court originally thought the guy could have served his time during unemployment, but the higher court disagreed! Now, the case is back in the hands of the local court where the employment situation and any hardships will be assessed carefully.
Sources: ntv.de, awi/dpa
- Legal Issues
- Courts
- Hardships
- Driving Ban Appeals
- Motorists
- Road Traffic
- Germany
Enrichment Data:
In Germany, if you've served your driving ban but are still struggling with employment, you might be able to plead "professional hardship" in some cases. But, keep in mind that the courts will expect you to present compelling evidence demonstrating that not having a driving license severely impacts your career or employment prospects.
Key things to bear in mind include:
- Show Me the Evidence: You'll need to convince the court that driving is an absolute job requirement for you, and that no reasonable alternatives exist[1]. This could mean submitting contracts, employer statements, and other documentation demonstrating the necessity of driving for work[1].
- Be Prepared: The court expects you to be well-prepared, with thorough evidence, when arguing for mitigation or relief measures[1].
- It Takes More Than Just a Job: The fact that the hardship relates to your professional life after the ban period doesn't mean the driving ban can be automatically shortened or lifted. The courts will carefully weigh all circumstances, balancing public safety, legal consistency, and your hardship[1].
The search results didn't reveal any specific statutes or detailed legal precedents but emphasize the importance of presenting persuasive evidence for extreme professional hardship to the court. In short, brace yourself for a battle when arguing your case, and prepare to make a compelling argument!
[1] https://www.inspruch-finder.de/spruch/2021_56373/
- In some cases, a motorist who has a driving ban and is employed in an industry that requires driving may be able to present "professional hardship" as an argument for a lenient employment policy, such as a shorter ban or alternative transportation arrangements.
- If a motorist in the transportation industry needs to drive for work and can demonstrate that their career prospects are severely impacted without a driving license, they may be able to appeal for a review of the employment policy under specific circumstances.
