Could LIGO recognize a Blitzar
Speed camera photo
The speed camera photo as evidence
Often there is confusion when a speed camera photo flutters into the house, but the person addressed is not the driver in the picture. What are the consequences of this and who will be prosecuted in this case? The answers to these questions are actually quite simple, as driver liability generally applies in Germany. If the driver cannot be clearly identified, the police will investigate in order to find the person concerned. The speed camera photo and the license plate are important evidence for the investigation. Often the myth circulates that you don't have to pay if the hearing sheet doesn't include a speed camera photo. But that is not true, because the fines are not obliged to send the picture. However, this can certainly be requested, since it is considered an important piece of evidence in the fine proceedings and should be accordingly clear.
A missing speed camera image does not justify discontinuation of proceedings per se. Because the fine offices are allowed to send hearing sheets without a photo. However, this can be requested because it is an important piece of evidence on which the driver must be identifiable.
This is how the process works
If a hearing sheet first rolls into the house, it gives the person concerned the opportunity to comment on the accusation. But be careful! Do not incriminate yourself. This will reduce the chance of a reduction in your sentence or even a termination of the proceedings. In principle, the hearing sheet is first sent to the vehicle owner. But this is not his fault, should he have loaned the car. In addition, the owner does not have to name the vehicle driver if he is related to him or by marriage. The holder may therefore make use of his right to refuse to testify. However, this can also have consequences, such as a logbook edition. This applies in particular in the event of a repeat.
Another possibility is that you will receive a fine. An objection period of 14 days begins with the delivery. Legal counsel to examine the case file and the allegations is recommended, regardless of whether the allegations are justified or made out of thin air. Because there are many aspects that the fines office must consider with regard to the evidence.
Speed camera photo from the side
On the classic photo evidence, the driver can be seen from the front behind the wheel. But what if the speed camera photo was taken from the side? Because the driver and the license plate are often more difficult to see in such a picture. Nevertheless, speed camera photos are sufficient as evidence in these cases as well. However, the chances that an allegation of fines can be successfully challenged increase because the driver must be clearly identifiable.
Speed camera photo of the passenger
As a rule, the passenger is made unrecognizable in the speed camera photo that is sent to the person concerned. Nevertheless, the authorities are allowed to take a closer look at the passenger and ask him questions. In addition, the passenger does not have to be made unrecognizable internally. In general, the intervention in the informational self-determination in relation to the speed camera photo is justified according to the Federal Constitutional Court (AZ: BvR 759/10). According to the judgment of the Oldenburg Higher Regional Court, this also applies to the passenger (2 Ss (OWi) 20/15).
What if the speed camera photo is out of focus?
If the alleged perpetrator of a violation cannot be correctly identified on the evidence photo because the speed camera photo is out of focus, the challenge of the allegation can result in a positive outcome. Because the driver must be identifiable and the picture in court must meet a minimum requirement. For example, sunglasses or an unfortunate reflection can result in insufficient evidential value and the proceedings must be discontinued. But beware! The speed camera photo on the hearing sheet does not have to be of the same quality as the original photo. This can possibly be much sharper, which can be checked in the course of the file inspection.
Challenge speed camera photo - that's how it works!
You have received your hearing questionnaire and now the question arises whether there is any reason to contest the speed camera photo and thus also the allegation of a fine? Here is the answer. If the photo is out of focus and you cannot be seen clearly, there is a possibility that the picture is insufficient as evidence. However, an objection must be made within 14 days. If the fine department does not subsequently discontinue the proceedings, a court must decide on the case. And that can definitely be done in favor of the person concerned (OLG Düsseldorf, Az. IV-4 RBs 29/11). However, the speed camera photo is only one of many pieces of evidence that, due to its inaccuracy, can lead to the fine proceedings being discontinued. You should therefore always have your allegations of fines checked.
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