If there is lightning in traffic, it can quickly become expensive. But are there actually situations in which there is no penalty despite exceeding the speed limit? If there is lightning in traffic, it can quickly become expensive. But are there actually situations in which there is no penalty despite exceeding the speed limit? The simple answer: yes. For a violation of the traffic regulations to go unpunished, a so-called “justifying emergency” must exist. Almost similar to self-defence. The framework for this is laid down in Section 34 of the Criminal Code (StGB) and in Section 16 of the Law on Administrative Offenses (OWiG). Simplified explains, it says: There must be a current “danger to life, limb, freedom, honor, property or another legal interest”. Important: It is necessary that the danger cannot be averted in any other way. For example, if an emergency doctor were an alternative, the violation would be unlawful. Also, “the protected interest must significantly outweigh the impaired”. The reason for the violation must therefore clearly outweigh the resulting danger. The violation must also represent a so-called “reasonable means”. The means chosen, for example exceeding the speed limit, must be suitable for averting the danger. If an emergency occurs outside the car, an ambulance must usually be called. However, if you are already driving, exceeding the speed limit can be justified in special cases. However, there is no guarantee of impunity. In the end, the court decides in case of doubt – depending on the case.
Source: Stern
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