Successful constitutional complaint against refusal to hand over requested measurement data and other documents
In a fine proceeding due to speeding, we were able to obtain for our client a reversal of the corresponding decision of the OLG Bamberg as well as the judgment of the AG Schweinfurt.
According to the established case law of the Bamberg Higher Regional Court at the time, the court was of the opinion that the person concerned did not even have to be provided with the measurement data on which the speed measurement was based and other existing documents on the measurement and the measuring device for examination. An examination in the judicial proceedings could also be omitted.
The Federal Constitutional Court has now regarded this approach as a violation of the right of the person concerned to a fair trial (Article 2 I in conjunction with Article 20 III of the Basic Law) and has overturned the decisions. It now remains to be seen how the courts will react to this landmark constitutional court decision.
Right to inspect files – Request for information, BVerfG, Order of 28.04.2021
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV