Administrative Penal Law

I represent private individuals and companies in administrative penal proceedings before authorities and administrative courts, primarily in Vienna and Lower Austria. By reviewing decisions, the file situation and deadlines, I can develop the appropriate line of defence. Where applicable, I conduct complaints as well as further legal remedies, if required up to the Administrative Court or the Constitutional Court.

Key focuses

Review of the administrative penalty (security police law, traffic and trade law)
Objection to the penal order, complaint against penal decisions
Defence against unlawful administrative penalties
Traffic law and driving-licence issues
Legal remedies to the Constitutional Court and the Administrative Court

FAQ

I am facing withdrawal of my driving licence or revocation of my authorisation to drive – what should I do?

First check which measure specifically is at issue (e.g. revocation of driving authorisation, conditions, remedial training) and from when deadlines run, because service and commencement of the deadline are decisive. Often swift action is required to submit objections or legal remedies in time and to review the authority’s reasoning. Important are documents relating to the incident, any prior records and the stage of the proceedings. Whether and which steps are sensible depends on the file situation, evidence and the specific legal basis.

I consider an administrative penalty unjustified – how can I defend myself?

It is important to examine the document (penal order, penal decision or mandate decision) immediately, in particular service, deadlines and reasoning. Depending on the case, objections, an objection (Einspruch) or a complaint to the administrative court may be considered; a clear argumentation with evidence (e.g. witnesses, documents, photos, technical data) is central. Often the file and evidence situation already determines whether proceedings are discontinued, the penalty reduced or the decision quashed. Early review prevents missing deadlines.

Do my financial circumstances play a role in the administrative penalty and what should I state about them?

In assessing the penalty, income and assets as well as maintenance obligations may be relevant, in particular regarding the amount of the fine or a substitute custodial sentence. You should make statements only fully and in a comprehensible manner and, if possible, provide evidence (e.g. income, fixed costs, maintenance obligations), because unclear or missing information can lead to adverse assumptions. Which information is sensible in the specific proceedings depends on the stage of the proceedings and the existing file situation; a coordinated presentation can positively influence the assessment of the penalty.