How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask a.merkel Your Own Question
a.merkel
a.merkel, Rechtsanwältin; LL.M. Eur.
Category: German Law
Satisfied Customers: 2165
Experience:  1.+ 2. Staatsexamen; LL.M.(Master of Law)
35164805
Type Your German Law Question Here...
a.merkel is online now
A new question is answered every 9 seconds

Our family moved to Germany in July 2012 from Georgia, USA.

This answer was rated:

Our family moved to Germany in July 2012 from Georgia, USA. When we applied at the DMV in Hamburg, we were told that my wife couldn't convert her US driver's license because Georgia dosen't have reciprocity agreement with Germany. She had to move back to the US in October. We changed residence from Goergia to South Carolina. Shortly before returning to Germany in April she obtained a South Carolina driver's license, which has reciprocity with Germany.

About two weeks ago she had an accident, which was not her fault, but when the police checked her driver's license they told us she cannot drive with her US license. Now we have received a letter from the police claiming that she was driving without driver's license.

We would like to ask for advice what to do now and what consequences could this have. She needs to take the kids to school, so it is imperative for her to be able to drive.

Thank you for your help in advance.

Zoltan Roman

Dear Customer,


thank you for using Just Answer.

The claim of driving without a license can only be, if your wife need a German driving license for driving in germany.
During a temporary stay in Germany, your American driver's license is unlimited.

For permanent relocation to Germany the American driver's license is valid 6 months. Afterwards, a German driving licence must be granted.

If your wife permanently moved to Germany in April, the american driver's license would apply 6 month. Thus at the time of the accident.

As driving without a license constitutes a criminal offence, the police suspected must determine.

The public prosecutor decides whether it adjusts the thing or collects charges. The police must inform the Prosecutor about the determination.

You should explain that your wife came in April to Germany permanently and thus the American driver's license is valid until September.


I hope I was able to help.

I am here to help you and I ONLY get paid if you rate me positively AFTER I answer you. Thank you!

Best regards,

Anja Merkel, LL.M.

Attorney

a.merkel and other German Law Specialists are ready to help you
Customer: replied 3 years ago.
Dear Ms. Merkel,

Thank you for your answer.

I am not sure what the next step would be. I cannot answer the police letter in German, so should we go to the police station and give a statement? Is it recommended to have a lawyer present? If yes, can you represent us?

If the police doesn't accept our answer, what can be the consequences?

Best regards,
Zoltan Roman
1. I cannot answer the police letter in German, so should we go to the police station and give a statement?
Yes, you can go to the police station and give a spoken statement. You must say your name and address and you can say something to the accusation.


2. Is it recommended to have a lawyer present?
Yes, because of the different language. You should have someone (maybe a laywer or translator) who can speak in german, because maybe the Police officer do not understand english. At the latest when you receive a letter from the Prosecutor, you should ask a lawyer.

3. If yes, can you represent us?
Yes, but it depends on you place, because of travel expenses. I live in Dresden. May be I can act for you in writing. for this purpose you need to empower me and the normal attorney fees apply. If you like to do, so you can contact me via Email.



4. If the police doesn't accept our answer, what can be the consequences?
Not police accept or not, but the public prosecutor, like I wrote yesterday..
If your wife is guilty for driving without a license, you wife will get penalty. This can be monetary or imprisonment, depending on how hard is to blam.

Dear Customer,


have you got any further questions ?

Please be my guest.

If not I would very much appreciate getting positive feedback.


Thank you!