Distance violation – setting due to previous braking

In the penalty notice, our client was accused of failing to maintain the required distance from the vehicle in front. The distance had been less than 3/10 of half the speedometer value. The standard consequence is a fine of 160,00 € and 1 month driving ban.

An expert opinion was then commissioned to verify the distance measurement.

After this was done and the expert requested the measurement data, the measurement was checked again by the measurement officers. It was found that our client had slowed down from a speed of 140 km/h to 124 km/h, although not within the direct measuring range, but within the 300-meter viewing range (as shown on the video recording). This means that immediately before the measurement, he ran into the vehicle in front and, as a result, significantly reduced his speed just before the measurement range. In the opinion of the court, the measurement was thus to be rejected and the proceedings were discontinued by order dated 23.03.2021.

Our client therefore did not have to serve the driving ban or pay the fine. The costs of the proceedings and the necessary expenses of our client (i.e. attorney’s fees and expert’s fees) were ordered to be paid by the state.

It is shown here that the defense against distance measurements can also be promising.

Ihr Ansprechpartner

Rechtsanwalt und Fachanwalt fr Verkehrsrecht Gnter Grne in Schweinfurt

Günter Grüne
Rechtsanwalt | Partner

Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV

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