Discontinuation of the fine proceedings – accusation of speeding
Our client was fined by the state of Brandenburg for exceeding the speed limit by 42 km/h on a freeway.
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.
This was bypassed by the fine authority and the file was forwarded to the Zossen District Court. The latter also considered that the requested data and documents were not necessary for the defense. The Potsdam Regional Court dismissed the appeal filed against this as inadmissible.
However, this took several months, so that after the file was returned to the Zossen District Court, the statute of limitations had run and the proceedings had to be discontinued.
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 and no driving ban was imposed, the result is the complete success of our activity.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV