Dangerous interference with road traffic - road traffic under protection and at risk

Road traffic in Bremen and the surrounding area depends on everyone adhering to clear rules. But what happens if someone deliberately or recklessly breaks these rules and endangers others as a result? The accusation of dangerous Interfering with road traffic in accordance with § 315b of the German Criminal Code (StGB) is not a trivial offence - and can have serious consequences for those accused. Whether wilfully removing manhole covers, adjusting traffic signs or deliberately interfering with steering behaviour while driving - anyone who acts in this way not only endangers themselves, but also other road users.

This article provides an overview, What exactly is considered dangerous interference, what penalties apply and why accused persons in Bremen should seek legal help quickly.

1 What is dangerous interference with road traffic?

The provision of Section 315b StGB protects both the Safety of public road traffic as well as the Individual legal interests - i.e. the life, limb and property of those involved. A dangerous intervention occurs when someone outside the actual traffic situation has a dangerous effect on road traffic.
Typical examples are

• throwing objects at moving vehicles,
• destroying or tampering with traffic signs,
• placing obstacles on the carriageway,
• the removal of manhole covers,
• or dazzling drivers with laser light.

All of these actions can - and will - be prosecuted under criminal law.

2 Facts and conditions

The following points must be fulfilled for criminal liability under Section 315b StGB:

• A non-traffic-related intervention:
  The accused interferes with the flow of traffic from the outside - i.e. not as a normal road user.
• Concrete risk situation: The intervention poses a risk to people or property of significant value (at least approx. 750 euros according to current case law).
• Intent or conditional intent: The perpetrator wants to cause the danger or at least accepts it.

3. active road users can also be accused

In certain constellations, someone who is actively involved in road traffic can also commit a dangerous offence. Jurisprudence speaks here of a so-called „Perversion of road traffic“. This refers, for example, to the improper use of a vehicle - as a weapon, for example. Sudden, unprovoked braking with the aim of endangering others can also be a criminal offence.

Example from Bremen: A person deliberately brakes sharply on a motorway because they feel „harassed“ by another vehicle - and in doing so, accepts the risk of a rear-end collision.

4. complicity, omission and instigation

In addition to the direct commission of the offence, other forms of participation may also be punishable:

• ComplicityAnyone who plans or acts together with others (e.g. in the case of manipulated vehicle parts) can be prosecuted as an accomplice.
• OmissionAnyone who fails to remove an existing source of danger - such as oil slicks or obstacles after an accident - even though they are in a position to do so, may also be liable to prosecution.
• IncitementAnyone who incites another person to endanger road traffic (e.g. by persuading them to remove a manhole cover) may be liable as a perpetrator.

5. sentence and legal consequences for the accused

The penalty for Section 315b StGB depends heavily on the Seriousness of the offence, the Hazard intensity and the Degree of attachment from.

• Negligent commission of an offence (e.g. due to technical negligence on the vehicle): Fine or imprisonment up to 2 years.
• Intentionally negligent behaviour (e.g. wilful damage to property without specific intent to cause damage): up to 3 years.
• Deliberate endangerment (e.g. deliberate obstruction or harm to others): Imprisonment up to 5 years, in particularly severe cases even more.

Additionally threatening:

• Withdrawal of driving licence,
• Points in Flensburg,
• Driving bans,
• civil law claims for damages and compensation for pain and suffering.

6 Why legal assistance is needed immediately

Investigation proceedings for dangerous interference with road traffic can begin with a police interview or summons - but from this moment on, every statement can have consequences. In Bremen in particular, we as a law firm experience time and again that accused persons make statements out of ignorance that are later used against them.

Our clear advice: No statement without legal advice.
We apply for access to the files for you, analyse the evidence and develop an individual defence strategy with you.

Conclusion: Dangerous interference with road traffic is not a minor offence

It is precisely because public road traffic affects so many people that criminal law provides particularly strict protection. Anyone who finds themselves confronted with the accusation of having endangered others through their behaviour in road traffic should act quickly - and seek professional representation. Whether in Bremen, the surrounding area or nationwide: we are at your side.

As a law firm specialising in criminal and traffic law, we are ready to support you in all matters relating to traffic accidents and the associated legal challenges. Our expertise ranges from advice on asserting your claims to defence in criminal investigation proceedings. If you need support or have further questions about defence in the event of dangerous interference with road traffic, please do not hesitate to contact us. We are available at our offices in Sulingen, Bremen, Osnabrück or online.

FAQs on the subject of dangerous interference with road traffic 

1 When does dangerous interference with road traffic occur?
If someone interferes with road traffic from the outside or improperly and thereby endangers people or valuable property - e.g. by obstructing the carriageway.

2. can active drivers also commit a dangerous offence?
Yes, for example if they use their vehicle as a weapon or deliberately brake hard to provoke an accident (so-called perversion of road traffic).

3. what is the penalty for Section 315b StGB?
Depending on the intent and level of danger, the offender may be fined or sentenced to up to 5 years imprisonment - or more in particularly serious cases. There is also the threat of driving licence disqualification.

4 What is the difference to a simple traffic offence?
A dangerous intervention is a Criminal offence, not an administrative offence - with correspondingly more serious legal consequences.

5 What should I do if I am accused of something like this?
Remain silent to the police and contact a specialist lawyer for traffic or criminal law immediately. We will take over your defence immediately.