Discontinuation of the fine proceedings – accusation of red light violation
Our client, a professional driver, was charged with disregarding the red light of a traffic light in Heilbronn with a penalty notice of the city of Heilbronn. The red phase had already lasted longer than 1 second, so that as legal consequences a fine of 200,00 € as well as a driving ban of one month were determined.
As usual, we first requested comprehensive file access, which includes, among other things, the life file and the maintenance and repair records of the meter. However, the authority did not comply with this, so we filed an application for a court decision.
However, as far as is known, this application was not forwarded to the competent district court. Rather, the file remained unprocessed for months.
In the end, it was not possible to completely clarify whether the accusation was true. However, as a second line of defense, we already had an expert opinion that explicitly could not exclude a reproachable red time of less than 1.0 s.
However, since the matter was not dealt with in due time, the statute of limitations has meanwhile expired and the proceedings were discontinued accordingly.
Our client therefore does not have to pay a fine or serve a driving ban. The result is the complete success of our activities.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV