Acquittal – accusation of exceeding the speed limit
Our client was fined by the Bavarian Police Administration Office for having fallen below the required distance on a highway by less than 5/10 of half the speedometer value.
However, the driver was not the owner of the vehicle, which the fining authority inadvertently failed to take into account despite clear identification in the investigation file and nevertheless issued the fine against the owner.
This error was only discovered by the Hof Local Court after we pointed it out, so that an acquittal by order of 13.09.2023 was unavoidable. The costs of the proceedings and the necessary expenses of the person concerned were borne by the state treasury.
The actual driver could also no longer be prosecuted because the statute of limitations had expired in the meantime.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV