Driving through a red light - got ticket
 

I rented a car while in Berlin. The first day, 45 minutes into the rental, I got lost trying to go from one airport to another. I don't recall ( a la President Reagan) passing through a red light but got a notice from Avis with a service charge of US$ 11 and a notification that I will be getting a ticket in the mail. It has been 3 weeks since the notification and 2 months since the trip and I have not received anything.
Questions for you the experts:
1. Will I get the ticket in the mail and who will be sending it?
2. How much can I expect to pay?
3. How do I pay for it?
4. Can I appeal?
5. And of course, the ultimate question, what happens if I don't.

I once got a parking ticket in Switzerland, tried to pay for it but the police station at the airport was closed, I sent in a nice letter of apology and got a letter back saying I am forgiven. But in that case I actually had a ticket in hand and honestly tried to pay it.

I assume Avis was notified by the "Polizeipräsident in Berlin" (Berlin Police Commissioner) that a certain car registered for Avis was involved in this administrative offense. Avis was (in writing) questioned as witnesses and informed them that you had been the driver. As a matter of courtesy (and to justify to 11 Dollars), Avis informed you.

I assume you are based in the US. Given that, I would not expect any further action because they most likely close the file.

However, if not:

1.) You will get the ticket either in the mail send by "Polizeipräsident in Berlin" (the incorrect way) or via Federal Authorities conveying it to State Authorities conveying to to your local police (the correct way and the reason you most likely will not hear about it again)

2.) If the traffic light hadn't turned red for longer than a second, there is a flat fine of 50 Euro, otherwise 125 Euro. This can be doubled for foreigners because you do not face the further nasty consequences effecting your license (one month vacation from driving and an entry in our license file)

3.) Bank transfer

4.) Yes, but what do you expect to gain? However, appeal will he heard at one of the Berlin local courts. You can either instruct a lawyer of defend yourself. Be prepared that the judge can instruct you to come (if you - in this instance - do not appear, the appeal will be dismissed).

5.) Most likely nothing.

I hope this helps. My fee note will follow. I accept beer, miles and points :D

Cheers
Thomas

The same thing happened to me in Scotland. Avis sent a notice and charged me £12. Three months later, not ticket in the mail and I am starting to doubt I will ever get it.

Cheers,
T.

Given these circumstances you were lucky. The European Union is in process of introducing a union-wide system for traffic fines. In the near future the state authorities will be authorized to issue tickets and to collect traffic fines union-wide. At the time being most borders are "traffic fine borders" (with certain exceptions) and this avoids most tickets to be issued and certainly to be collected from foreign drivers.

The interesting point is really the burden of proof. I was the person who rented the car but we had several drivers. Since we were not stopped by the police at any point, the ticket in hour case is most likely from an automated camera. If I end up getting the ticket in the end, and I was not driving at the moment (as of now I don't know), is it up to me to prove it or can I require the police to prove it was me?

Cheers,
T.

I do not think they will sent you a ticket. As Flying Lawyer pointed out the correct way would be by letters rogatory probably via the "Senator für Justiz" (Berlins Ministry of Justice - in this case every state is responsible for its own cases, though the law is German Law) to the US Authorities. This means a lot of paperwork, translation, a special notification for legal remedy or in short much work for more or less nothing.

No civil servant will do this work if they could get in the same time much more cases for German or EU Residents :rolleyes:

This would not be a problem. In Germany we have problems taking photos from the front and these cameras in Berlin actually do take picture from the front. There will certainly be a nice picture of the driver and this normally comes along with the notification giving you the opportunity to be heard and to state your case. But as I said, by far too much effort....

Thomas;
Thank you very much for the explanation. Please give me your account number, I have a Nigerian friend that will transfer money and points into your account....... just kidding.
My trip was great and I do not intend to sour the (priceless) memories with a long fight with the Berlin Police or Ministry of Justice. I will probably just pay up.
Actually I would like to see the front picture because I think my brother was driving the car but we are splitting up all the expenses.

In the more than unlikely event that you hear from them again confirm to them that your brother was driving. Most likely any charges against your brother will be time-barred by than.

I had a bottle of Nigerian beer tonight and that was not bad at all. So if your friend has some spare ones to share....