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Counseling Offences (MPU)

Your Situation

If you have selected this website, you will have probably been charged with one or more offences. Maybe you even have lost your license due to them. Maybe you have been able to prevent this with the help of a lawyer, but now your driver’s license office has ordered an MPU. You know that you will lose your license with more than 8 points, but your offence does not have to have occurred while driving. This is of course possible, as in the case of an urging (Nötigung) or an endangering of traffic (Straßenverkehrsgefährdung), but even violations outside of road traffic, as an intentional physical injury (vorsätzliche Körperverletzung) or even offences which seem to have nothing to do with driving, like e.g. cases of fraud or other violations which were followed by a trail and sentence, can be relevant. It finally may have been the case that you have received a suspended sentence or even a prison sentence, and now you have realized that although you have already been “punished”, you additionally have to present an MPU, to save or regain your driver’s license.

Let yourself not be unnerved by this situation. An MPU can always be order, if either several petty infractions (like in the point case) or few, severe violations are present, or if serious, deliberate offences or those with aggressive potential are on file. In such cases, your aptitude (driver’s qualification) is questioned, meaning that it is implied that you may either lack an appropriate sense of what is right, or that you tend or could tend to lose control in provocative situations which you yourself do not have to have caused. All of this does not have to be true in your case, but your file, or the facts being documented in the sentence, will certainly have got you into trouble.

Your driver’s license office will not act arbitrarily in such a situation. It will carefully look into your case, will obtain an actual certificate of good conduct (Berlin) and a summary of points (Flensburg). It will then decide according to the special circumstances, if you need an MPU or not. In many cases, this can already be decided by inspecting the records. Sometimes, it is necessary to phone the person dealing with your affairs at the driver’s license office.

Let us therefore assume that you do have to present an expert evaluation concerning your ability to drive and that you want to prepare yourself thoroughly for it. Are you looking for an expert who can help you along the way? A partner who understands your sorrows and fears, your difficult professional, or maybe even private situation: someone who supports you and escorts you on your way to your driver’s license? Then you are just right here on this site and should read on.

The Informative Consultation

My individual counseling is balanced to your needs. In a first informative consultation, we will get to know each other. I will be able to get to know your case, to study the files, and I will be in the position to present you with an overview about what you will have to expect in the MPU. You will learn about the criteria of a positive MPU, and will understand, what you will be asked for on the day of the MPU.

Will the expert understand your unique situation as a driver? Will he condemn you in advance by just considering the offences you are charged with, or will he give you a fair chance? Will he believe that you are a “criminal” or “aggressive” person, or will he understand the situation you once have been in? Will he interpret the motives of your former behavior as excuses, and will he accuse you of minimizing the issues, of pushing the blame onto other people, thus not taking responsibility for you own mistakes? Are you finally allowed to tell him, that the plight has not been your fault alone, but that a former complex situation on the one hand, and the mistakes of others on the other hand have also had their share in the emergence of the offence? Does the expert finally require you to present an MPU counseling, and with which probation period do you have to reckon with?

Having sorted out your records in a first overview, and having fathomed important perspectives, it is already possible to give a recommendation at the end of the informative consultation. You will be told, if and when an MPU would be a good idea. Should a negative MPU be present, or should you already have taken a counseling with a colleague, we can include the suggestions, he gave you. According to your situation, we can then arrange a counseling instantly, or – if this makes sense – at a later time.

The Counseling (MPU Preparation: offences)

Module 1. Biographical Sketch

The counseling starts with a biographical sketch. It has turned out that your chances to receive a positive expertise rise, if the expert understands your personal situation. I also can better adjust my certificate of your participation to your personal needs. Don't be afraid. You decide what you want or don't want to say. In an expertise you also only have to tell the expert as much as he needs to reasonably understand your case. I am by your side and would like to help you. In a climate of mutual respect and trust, we will soon find connections and personal experiences which are prone to have high explanatory value in any expertise.

Module 2. Analysis of the diverse offences

Usually, questions concerning the individual offences obtain a prominent position in the first third of the MPU. The expert wants to know, what happened then, and why it happened. Here it is irrelevant, what kind of offence is at stake. In case of coercion or a road hazard the expert will ask you, how this event evolved, and he will carefully observe, if you prominently describe your own mistakes or those of others. He will also check in detail, if your description is conforming to the file documents, or if you cover up things. He will then ask you why this wrong development happened, i.e. why you let yourself be carried away to this wrong behavior, or why you lost countenance. In case your offences did not take place in the traffic, the expert will investigate the more imminent circumstances of your situation then, but he will also verify, if you tell things truthfully, and if you have a consciousness of doing wrong. In our counseling, we shall critically analyze these questions, and we shall introduce important concepts which you can utilize in the MPU. You will be able to name concrete motives or background conditions of your offences without risking to be accused of talking your way out of responsibility. Your attention will self-critically be focused on your own faults, and you will be able to exclude the faults of others.

Module 3. Motives of Offences and Personality

Why-Questions are always delicate in the MPU, and - as experience tells - they are difficult to answer. This applies of course also for the offences, you are charged with. Why did you commit them at that time and what have these offences to do with you as a human being? Let us again distinguish two variants. In the case of so-called "aggression offences" as coercion, insult or bodily harm, the expert assumes moments of weakness or vulnerability in your personality which show through in critical situations of confrontation, provocation or extreme tension. You do not have to be a person that intentionally hassles others. But the expert believes that you might be a person that loses one's temper more easily in conflict situations. Here, a couple of reasons might be relevant. Many experts believe that such dispositions are personality features which are already fixed in early childhood and which will be actualized, if not recognized and treated. If by the way you grew up without a father, or if you have early experiences force in the family, if you have not received attention as a kid or if you have learned that you will be more successful if you prevail against others, then it may well be that these critical cornerstones of childhood, these learning experiences will later on form your character. This, of course, is not a necessity, but explanations which include the own biography resp. family situation – the expert likes to say: socialization – have high explanatory value in the MPU.

Let us take the case of offences which are not attributable to aggression, but neglect of rules in the farthest sense. Here, the circumstances are more complex, for one might distinguish the most diverse motives. Of course it is conceivable that you were aiming at your own advantage and that you have consciously committed the offence. Often, you will then have applied a risk calculation, i.e. you will have figured out what could happen in the worst case. You will have opposed profit and costs, and you will have been convinced that if worst comes to worst you could get out of the misery with the help of a lawyer. Maybe you also will have overestimated your possibilities, your contacts, your playing options. Often however, offences do not result from such a simple intention. Rather, they are the consequence of a complex interaction of circumstances which you could no longer totally control. Even in cases of betrayal, where intention is obvious, the expert will know variants where critical strain has played a role. Maybe, you have wanted to save a company only to find out that you will be charged with delay of bankruptcy. Or you have not been able to pay the due taxes or alimony. The list of possible offences is as rich as the criminal code. My counseling will make transparent your very personal "weaknesses", and will help you to clarify to the expert why these individual agents have caused the offences.

Module 4. Strategies of De-escalation in Case of Provocation

This module is of interest to you, if criminal offences have to be dealt with in which aggressive tendencies are expressed. On the one hand you want to make clear to the expert that you life circumstances have changed and therefore new offences are improbable. We will address this in Module 6. On the other hand you will want to explicate that you are capable of controlling conflict situations. Here, a program will take effect which I will present to you in the counseling: strategies of de-escalation in the case of provocation. For it has turned out that an act of aggression needs at least two persons – something you know too well. In rare cases, someone lashes out without any perceptible reason. Mostly things start with a misunderstanding, a discussion, a quarrel. None of the participants wants to cede and thus, the matter does not end. Warnings, threats or insults may follow. Third person may be involved, and finally the squabble slips out of control. The feelings of all are hurt, hatred and aggression prevail, and finally physical attacks take place. Even here, it is not always easy to establish who has first said something or attacked someone. But this is not relevant in the MPU. The expert sees your sentence and want to hear from you what you have concretely done wrong then, and how you would in the future behave in a comparable situation. And here, our de-escalation strategies will provide important knowledge. Many steps are necessary, before blows are exchanged, and you have in any of the moments the possibility to opt out. Early on you can stop negative emotions. You can distance yourself in time from a conflict situation. You can call on the help of other people, or you can signal the opponent verbal resp. non-verbally that you are not interested in a dispute. I will help you to find the right words, e.g. to adjust your answers to the language of the expert to make sure that your explanations will be understood by him.

Module 5. Law

You especially need this module if there are criminal offences outside the road traffic and if you are charged with intent or disregard of rules. But even in the case of aggressive behavior it is helpful. The expert sees himself as a representative of "law and order", i.e. he has an as simple as far-reaching conception. He departs from the idea that you as a member of our society, be it in life of road traffic, are subject to certain rules. These rules regulate the living together of humans, they are indispensible. You are certainly free to act against them, but you have to pay the price, since no society can afford to sink into chaos. Think about societies where laws are missing or not prosecuted with the necessary carefulness. We all know that these societies cannot outlast in a time of global international fight for survival. Germany is one or the countries whose success rests on a predictable structure of order, in short: on a constitution which is formed according to democratic principles, aiming at an optimum of personal freedom, but also social responsibility. Whatever you think of this concept: it is applied to you and your wrongdoing. It is obvious what that means: You have come up against the law, have violated an agreement with society, have allowed yourself willfulness inside or outside of road traffic which disturb the harmony of society. It is irrelevant, if with your criminal act you have diminished as motorist the traffic safety, or if by not obeying the law, you have annulled the liabilities and predictability of social norms. The expert only wants to find out one thing. Do you take responsibility for your mistakes and are you willing to contribute to traffic safety or to society, or do you claim to decide yourself when such a contribution is a possibility and when not? If you can clarify that it is important to you to obey the rules of society, and if you can explain, why such a stance is indispensible, why for you but also society there are no reasonable, i.e. better alternatives, then you have excellent prospects of a positive expertise.

Module 6. Insight, Phases of Life, Values and Change

As you can see, the success of an examination depends on your "insight" into your wrongdoing and on positive changes. Next to the already mentioned understanding of the necessary obeying of rules, the most diverse flaws of attitude, mechanisms of self-betrayal or the inclination to shift unpleasant things onto others resp. to repress them, can come up. It may be that you have once thought or acted egoistically. That a consciousness of doing wrong was missing or that you have tricked yourself to justify an offence trusting sentences like: "the others are doing the same!" or: "only the stupid ones are caught!" It may also be that you have been impressed by the "example" of corrupt politicians or unscrupulous power-seekers. Or has it been the case that you skillfully succeeded to push aside or ease objections? Last of all it is possible that being stressed by your life-situation, you found no more time to think about you and your behavior.

You want to have eliminated these mistakes and omissions. You want to make clear to the expert that you have obtained the right attitude and that you have worked on your personality. You want to elucidate in one word that you have changed as a person, that your self-understanding corresponds to the expectations of the society and that your behavior is in the public interest. Don't get me wrong. I don't claim that you cannot have your own opinions concerning the order of life. We are only dealing here with the challenge to harmonize your attitudes and your behavior with the law, i.e. the minimal consensus of a regulated living together.

In the examination, you can best emphasize your positive changes by dividing your life into different phases, comparing these phases of life and thus showing how concretely you have eliminated these mistakes. On my website on the mpu-counseling points I have collected a few relevant ideas which might be of interest. In your case, very own life periods may be of importance, e.g. a phase of naivety and violations, then a phase of self-overestimation and criminal cover-up, and finally a phase of sentencing, shock and new beginning. Take this example as only one of many possibilities. You case can be totally different, and therefore I am offering you an individual counseling and not a group package. For only in a private conversation is it possible to professionally work out individual factors and life developments.

If you compare the individual life phases with each other to thus substantiate your rethinking, your way towards the "good", you will not fail to offer alternatives for exactly those aspects which earlier have been worrying, i.e. you will name concrete progress relating to your professional or private life, to you attitudes or your handling of conflict situations. I will help you to jointly work out our life phases, and I will give you useful tips how you can efficiently explain that you have carried out the expected shift of thinking.

One of these tips is a hierarchy of values. We will find out what has earlier been important to you (e.g. friends, going out, earning money, success). We will understand why you have therefore had problems with the law. And we will realize, what counts today in your life (e.g. health, family, rehabilitation, security). If your life and your thinking have changed, you will also have new values and aims. With these you can prove why it is important to you to drive without points in the future, and why you have prospects to finally reach this aim.

Module 7. Relapse Risk and Prevention Planning

The MPU usually closes with a preview of the future, i.e. with an assessment of the relapse risks and the "prevention planning". You are surely correct maintaining that this part should be inquired more prominently, but it belongs to the tradition of the examination that only once the past has thoroughly been checked, the prospects for the future can unfold. Since many clients have unfortunately again come up against the law, e.g. have thus manifested a high relapse risk, the expert will painstakingly try to find out, if you are aware of that danger resp. what you intend to act in conformity with the rules. Here, it is not sufficient to say that you have recognized your mistakes and that there will be no further offences. You have to present the foundation of your changes, i.e. your personal stability, and you have to explain in detail that necessary improvements have occurred in your life, your leisure activities, your handling of stress or your values. You also have to show that you have stopped past faults and have successfully implemented concrete avoidance strategies.

Prospects of success

Don't hold this meticulous questioning against the expert. He wants to make the right decision, e.g. he want to find out if you rank among the sincere and motivated human beings i.e. drivers: those who have honestly worked with themselves, or if you belong to those who want to cheat their way through an MPU. If you possess the cited honesty and motivation, you are an excellent candidate for an MPU counseling. If you have completed my course, if you have studied the information of our flipchart, and if you have implemented the necessary changes in your life, then you have excellent chances of a positive expertise.

Time frame

As you can see, a reasonable counseling takes its time. It is also possible that in your case, reliability periods have to be met. This is especially the case if a prison sentence has been pronounced, for normally, this involves a probation period of one year. Therefore it is advisable under all circumstances to make an appointment for an informative consultation. This does not oblige you to take a full counseling. You will just get early important information. You will save a painful loss of time and money, and you will know what is in front of you and what you yourself can do. It is a pleasant side effect of the counseling that with timely contact, the waiting period imposed by the court can – without extra costs – be shortened.

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Scope of the Counseling

The individual counseling offences (MPU course) generally consists of 8 one and a half hours coachings. Sometimes more sessions are needed. This is especially the case, if in addition to the violations against traffic regulations or the law you have committed a drunk driving, Usually the informative consultation will show, how many extra sessions are to be reckoned with. Sometimes phone calls to your driver's license office will bring clarity. I will gladly carry them out for you.

Costs of the Counseling

The individual counseling alcohol containing 8 one and a half hours coachings will cost 95 Euros per session including certification of your participation. To compensate for the effort of a first phone contact and the informative consultation, I would kindly ask you to bring 95 Euros to this first appointment. Should you later consider an optional text examination, this amount would become payable a last time.

Certificate or Participation

I know that you have to earn the money for an MPU counseling, and I want your investment to be worthwhile. I want you to profit personally from the course to be able to go into the examination with a happy and anxiety-free spirit. I also want you to be understood by the expert who shall competently assess your case from the beginning. Therefore every client will receive an individual certificate of participation which names the relevant contents of the course and aptly presents your situation. Before entering the room, the expert will be able to form a valuable impression; the frame for an understanding examination is set. Employees of your driver's license office appreciate such a certificate, since it enables them to quickly justify a new examination, in case a negative one has already been issued.

Don't let this happen! Act in time! Call me and arrange an appointment for a first informative consultation. You will then know what you have to do to regain your driver's license with high probability.

© 2017   Dr. M. Junker

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