OLG Cologne decided by a decision of December 4, 2020 (1 RBs 347/20) regarding the issue of whether the driver fulfills the requirements for a “stop” despite not touching the cell phone with one hand. The person concerned had placed the mobile phone only between her neck and her ear. It has argued that §§ 23 I a, 49 I No. 22 StVO requires ‘detention’ and thus the violation has not been enforced.
The Senate in OLG Cologne did not follow this and stated that the word’s literal meaning is that “hold on” can be hands-free. So it is also referred to as “fixation” when the device is held between the thighs or between the arms.
The goal of setting the fine is to be aware of traffic safely and attentively. Outside actions, using hands for anything other than driving or not looking in the direction of travel often lead to accidents.
Devices within the meaning of Section 23 Paragraph 1 a) StVO are not only mobile phones, but also entertainment electronics or GPS devices, touch screens, portable flat panel computers, navigation devices, televisions or playback devices with video functions or Voice recorders.
Traffic law attorney and lawyer Christian Stepgen has specialized in traffic offenses for 20 years. He knows many courts personally by the constant defense of the many fines courts in Baden-Württemberg and Bavaria. In his experience, proceedings could be ended after police officers who gave false or inconsistent testimony were questioned.
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