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Ducato driver avoids speed camera penalty: tablet covers face!
A Ducato driver remains unknown after two speed cameras; Experts explain the challenges of identifying traffic violations.
Ducato driver avoids speed camera penalty: tablet covers face!
A strange rumor is making the rounds in the vastness of the campsites in northern Germany. A Ducato driver claims he was flashed twice, but without ever receiving any mail. The reason? His tablet, which is very specially designed, has his face hidden behind a folding mechanism, making identification impossible. This reports moin.de.
The fines office in the Schleswig-Flensburg district confirmed that punishment for traffic offenses requires sufficient suspicion against a specific person. The Hamburg Fines Office comes to the rescue, explaining that the entire face does not have to be visible for identification. However, with complete coverage, things look bleak - identification is then not possible.
The importance of speed camera photos
Speed camera photos are not just a piece of paper; They document vehicle license plates and the identity of drivers when traffic offenses are committed. But be careful, not every photo is suitable as evidence. As the Heskamp law firm notes, a hidden face or an illegible license plate severely limits the value of evidence. A clear picture of the license plate and face is the be-all and end-all for the validity of a fine. If one of the features is missing, the fine may not be enforceable.
In Germany in particular, “driver liability” applies, which means that it is not the owner who is held responsible, but the actual driver. This also means that the vehicle owner must name the driver when appearing in moving traffic, unless this could inconvenience themselves or close relatives. It would also be possible for the owner to be required to keep a logbook, which would entail additional requirements.
Protection against fines
A fine can also be valid without a speed camera photo. However, drivers have the right to request the speed camera photo, even if it is not automatically provided with the notice. Even if there is no photo attached, the notice remains valid as long as the driver was actually driving too fast. If the driver cannot be clearly seen in the speed camera photo - which can be the case in poor lighting conditions or occasionally through fashionable sunglasses - it is advisable to appeal the fine. The aim here is to respond within 14 days of receiving the decision.
It can be extremely helpful for those affected to request access to files in order to possibly find clearer speed camera photos. If - as is sometimes the case in a trial - the driver's identity cannot be clearly established, a judge may declare the speed camera photo invalid. The driver could ultimately benefit from an acquittal.
Whether you're on a trip into the countryside or on the motorway, traffic stays moving. And should a speed camera incident ever occur again, drivers in the northern German region can rely on the legal basis to protect them - provided they are well informed. So road traffic remains an exciting topic, even if the speed cameras sometimes strike unexpectedly! Further information on the legal regulations surrounding speed camera photos can be found on the website of Fine information and Heskamp law firm.