Bad Hersfeld Local Court, decision of 20.02.2025, file number 75 OWi 330 Js 17687/24 (948/24)

Defense pays off: Proceedings against our client dropped!

In a recent case before the Bad Hersfeld Local Court, we were able to achieve a significant success for our client: The fine proceedings brought against him for allegedly exceeding the speed limit on the A7 highway were discontinued. The state treasury will bear the costs of the proceedings.

The facts of the case

Our client was accused of exceeding the speed limit by 20 km/h on the A7 on 31/05/2024. The responsible fining authority imposed a fine of €60.00 and also demanded payment of the costs of the proceedings.

Our approach

After a thorough examination of the file and the evidence, we lodged an appeal against the fine on behalf of our client.

The result

The Bad Hersfeld Local Court discontinued the proceedings in accordance with Section 47 (2) OWiG. Even though the decision does not contain any reasons, the decision to discontinue the proceedings was probably ultimately due to the fact that the quality of the measurement photo was extremely poor.

The costs of the proceedings shall be borne by the public purse. Although our client’s necessary expenses were not charged to the state treasury, the discontinuation of the proceedings is a complete success: our client is spared a fine and further consequences. If our client has legal expenses insurance, this will of course also cover the further costs of the proceedings.

What does that mean for you?

This case shows that a committed defense in fine proceedings is worthwhile. Not every fine notice is lawful or conclusive. We will check the prospects of success for you and consistently stand up for your rights.

Have you also received a fine notice?
Contact us – we will advise you competently and represent your interests with commitment!

Full text

Bad Hersfeld Local Court
20.02.2025
75 OWi 330 Js 17687/24 (948/24)

Resolution

In the fine case against
[…] born on […], resident […], nationality: not known,
Defense counsel: Attorney Günter Grüne

for traffic offense

the proceedings will be discontinued in accordance with Section 47 (2) of the Administrative Offenses Act (OWiG).

The costs of the proceedings shall be borne by the public purse.

However, the necessary expenses of the person concerned will not be charged to the state treasury (Section 467 (4) of the Code of Criminal Procedure (StPO) in conjunction with Section 46 (1) OWiG).

M.
Judge