Manufacturer recalls speed cameras! Dispute the ticket now!

Been flashed? So you can get your nodule contest! Because for the first time a manufacturer is recalling devices. What flashed drivers need to know now! Have you recently been flashed? This problem could now (almost) vanish by itself. There has never been such a speed camera tremor! Land in the Flensburg traffic offenders index every year because of excessive speed three million drivers, so the Federal Motor Transport Authority. Tens of thousands of them could now without any fine get away. Why? A manufacturer of speed traps pulls its laser measuring devices from police and regulatory agencies across Germany back.

impermissible measured value deviations

In previous tests by experts in October 2020, the PTB was aware of deviations from up to 16 km / h reported for "Leivtec XV3" speed cameras. In an internal letter, the manufacturer admits that it "inadmissible measured value deviations occur“Can. In plain English, this means: car drivers with flashes may not have driven too fast at all. The device we are talking about is called "Leivtec XV3". Several hundred of them are apparently in use across Germany. You want a more precise number "because of the ongoing proceedings“But not yet revealed.

If in doubt, file an objection!

So anyone who does not agree to a fine or feels that they have been treated unfairly can file an objection within a period of two weeks. Preferably by registered mail. After about three to six months there will be a court hearing if the proceedings have not been discontinued in response to the objection. At the court hearing, those affected and their defense counsel can hear witnesses, name evidence and, of course, submit requests for evidence. There are then regular contradictions in court proceedings. Such proceedings are then often stopped directly by the court (Section 47 OWiG) - or the person concerned is acquitted. Drivers who were measured with the Leivtec XV3 ′ laser speed camera that was the subject of the complaint now have a good chance. Which device was in use is often stated in the hearing sheet from the authorities - but not in all of them.

If the reliability of the speed cameras is refuted by expert tests, as is currently the case, the courts have to completely re-evaluate all current procedures! Drivers have a better chance than before of getting away with their appeals. PS: If the speed camera procedure has already been completed, however, there is no more money to be returned. They are final.

Speed ​​cameras recall due to measurement errors

There have been several for a number of years court decisionswho acquitted motorists. The manufacturer therefore had to repeatedly improve its device and its operating instructions. But now there could be a whole wave of acquittals!

Information from the speed camera manufacturer

An excerpt from the letter from Leivtec. From "official measurements“Must be distanced. Background: PTB Braunschweig (PTB = Physikalisch Technische Bundesanstalt), which is responsible for the official approval of more than 20 different types of speed cameras in Germany, is currently examining the complaints of the XV3 device from Leivtec.

What does the speed camera inspection authority say?

According to the Bild-Zeitung DEKRA experts have determined, "that the measured speeds may exceed the permissible values ​​of plus three to minus three km / h. They had glued additional reflector strips to windshields and attached reflective vests to the passenger seats in the interior. This had falsified the measurements more than permitted.“Such a statement from Dr. Robert Wynands, head of the "Speed ​​Department" at PTB. Manufacturers and supervisory authorities have been informed and their own tests have started. A result is still pending.

Hope for many flashed motorists

For many drivers, there is hope that the courts will remove fines issued for driving too fast. crash. If the manufacturer itself warns of the use of its speed camera, it is possible that many motorists weren't going so fast as intended. So such a driver must not be prosecuted for it. Various traffic lawyers see it that way. And it could for all flashed drivers are possible. It doesn't matter what type of radar trap you were flashed with.

Who still believes in legal measurements now?

In any case, this is a serious mishap that generally damages the belief in the reliability of all measurements. This also shows how susceptible such measurements can be for measurement methods with other devices. As recently as November 2020, the Federal Constitutional Court demanded the fair procedure in fine proceedings and overturned entire series of measurements. That could be in countless cases ensure that the cessation of proceedings at the expense of the state treasury is demanded by means of lawsuits, since in a request for evidence unreliability of the device is addressed. As a result, all authorities are now being asked to re-examine procedures that have been measured with the Leivtec XV3 measuring device on their own initiative.

What flashed drivers should do now

Have the "official notices" checked! When the hearing has arrived from the authorities, first of all check in principle: Was I really there at the time of the crime? Is that me in the photo? Does the license plate belong to my car? There are always cases where even these facts are incorrect. A simple contradiction is sufficient here. You should also check the quality of the speed camera recording, an unclear driver's photo can lead to the procedure being discontinued. Other things can only be found by a lawyer through inspection of the files. He can answer questions such as: Does the measuring device have a valid calibration certificate? Did the officers have any training on the measuring device? Has the device been set up correctly?

Of course that had not been the case.

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