Court Finds Clemens Guilty of a Traffic Offense

Administrative fine proceedings turned into criminal proceedings

The Weißwasser Municipal Court converted the original administrative fine proceedings into a criminal case after learning that Clemens had repeatedly committed speeding offenses. The allegation of license plate misuse stemmed from the fact that Clemens’ vehicle had a so-called “camouflage license plate.” These are used to prevent vandalism, for example, on vehicles belonging to the State Chancellery.

Judge found sufficient grounds for suspicion

Judge Theile acknowledged that the decision to convert the case into a criminal proceeding is controversial among legal experts. The offenses Clemens is accused of are minor offenses for which the legislature has chosen dramatic terminology. When people think of an illegal car race, they imagine a race in which drivers compete against one another. Although Clemens was alone, he crossed the threshold of criminal liability by driving at high speed. The court was required to investigate the matter, as there was sufficient suspicion of a crime.

Prosecutor Rebukes the Court

In her closing argument, Prosecutor Esther Aenderl rebuked the court in unusually sharp terms. She argued that the entire factual situation had already been established before the presentation of evidence began. The case had come before the court as an appeal against a fine notice. Nevertheless, the court had converted it into a criminal proceeding. “The foundation was already lacking here.” Assumptions cannot serve as the basis for criminal liability.
There was a complete lack of factual findings necessary for a conviction.

Defense attorney Lukas Schefer seized on this opportunity. It is rare for a defense attorney to have little to add to the prosecution’s closing argument. He also criticized the judge’s conduct. Such a course of action and such behavior were “unlawful and unworthy of a state governed by the rule of law.” “A courtroom must not be misused as a stage.”

Copyright 2026, dpa (www.dpa.de). All rights reserved