Traffic law experts are looking for a way to stop “points trading”. Because with this nasty method, reckless speeders and notorious traffic hooligans avoid points in the traffic offenders' register in Flensburg and even the loss of their driving license.
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This is how points trading works
Points trading basically works like this: A speeder is flashed. His identity cannot be clearly established in the photo – this is the prerequisite for point trading to be possible at all. The speeder is now looking for another person who then claims to have been behind the wheel. The traffic offender identifies this person in the letter he receives about the traffic offense. This straw man then fills out the fines office's hearing form and takes over the resulting fine and the point(s) in Flensburg. In return there is money from the actual driver.
Such points trading is particularly interesting for notorious traffic offenders who have already accumulated a few points and who therefore risk having their driver's license revoked if they receive additional points. If you get eight points, your driver's license is gone.
This is how speeders find someone to trade points with
There are numerous providers on the Internet who refer people for immoral points trading. Speeders don't necessarily have to look for someone in their circle of friends or relatives to pay the fine and points, but can pay a stranger to do so.
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The problem: Law enforcement is difficult
It should be clear to every clear-thinking person with a healthy understanding of the law that the method described above is not in accordance with the road traffic regulations and case law and does not contribute to making Germany's roads safer. But legally it is currently difficult to take action against this point trading. According to the current legal situation, point trading is not necessarily a criminal offense.
That's why legal experts are now calling for this legal loophole to be closed, as n-tv reports. Point trading will be a topic at the next traffic court day in Goslar from January 24th to 26th, 2024. It would be conceivable to introduce a new criminal offense for this point trading. This would at least finally provide the legal framework for the prosecution of points trading.
But then there is still the problem of providing concrete evidence of points trading. This requires considerable investigative effort, for example to compare the information provided by the alleged driver.
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