Discontinuation of the fine proceedings – accusation of speeding
Our client was charged with exceeding the speed limit by 18 km/h on a highway in Thuringia.
As usual, we first requested comprehensive access to the files, which included the measurement data. However, the authority only partially complied with this, so that we filed an application for a court decision with regard to the series of measurements.
The Jena District Court ruled in favor of this application – as we reported earlier – and obliged the authority to hand over the measurement data, including the measurement series. However, the fine authority again failed to comply, which apparently prompted the Jena District Court to summarily discontinue the fine proceedings pursuant to Section 47 II OwiG. In the end, it was not possible to clarify on the basis of the measurement data whether our client was actually speeding. However, since he did not have to pay a fine, the result is the complete success of our activity.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV