Received speed camera? Is the speed camera photo invalid?

Recently updated on December 23, 2020 at 06:18 am

We all need and want to be mobile: whether for the job, for the children or for completely different reasons. And apparently in the long run it is almost inevitable that you will be flashed on one of your tours and then get a ticket for one Speeding receives. Then of course you don't feel good because you think the accusation is irrefutable. But it is not necessarily so! There are countless cases in which the photos from the speed camera cannot be used - in which case the procedure will be discontinued. The following explains when to get away with it can. Of course, our contribution is not a guarantee!

Nobody wants the expensive photos!

It happened far too quickly that the reddish flash spoils your mood. First you think about how many kilometers per hour you have exceeded the maximum speed limit - and already imagine the consequences. How much will it cost or is there even a driving ban? Most of the time you have mail from the public order office after just a week and you can be sure. Sometimes, however, the notification comes just before the deadline and exactly when you have almost forgotten it. Often times the result is accepted. But you should know that there are indeed faulty recordings. These have to go to court in the event of a dispute no stock. In that case, the person concerned was lucky. But how do you recognize such a mistake?

When the driver is difficult to identify!

By far the most common reason for an invalid speed camera photo is the inability to identify the driver of the vehicle at the time of the crime. Either the picture is very blurry or the photo is not sufficiently exposed. In the best case, the driver's face is covered by sunglasses, the rearview mirror, a corona protective mask or the sun visor. The most important rule in a decision addressed to you: You must never admit that you were a driver. Otherwise the case is clear and nothing more needs to be proven. There is nothing more you can do about it. It is best if you accept the charge nothing say. This is your right, which you should exercise at all times. Ultimately, a court has to prove that this bad photo shows you. Usually an expert is even commissioned for this. This then becomes a so-called anthropological-biometric identity report exhibit. The reviewer compares the speed camera photo with the person concerned. It is then important to find as many clues as possible in the photo in order to identify them. The less he finds, the better for you.

Such a report costs a lot of money!

But such a professional report has its price. More than 2.000 EUR are usually due for this. It should be noted that the cost of this measure You can be charged. However, this only applies in the case of a successful identification. If you do not have legal protection insurance, an appeal is more risky. Probably the most distinctive feature of every person are the proportions of the ears. If the proportions of the ears in the picture are strikingly the same as theirs, then in most cases a match can be determined beyond doubt. In winter, however, this is rarely guaranteed with a hat and nobody can forbid you to have a hat in the vehicle in summer. But the forehead area is also used for comparison, if it is visible and not covered. The same applies of course to the eye area and all parts of the face that are recognizable. If several matches can be determined beyond doubt, then it looks rather bad for you. However, for a complete and unambiguous identification seven characteristics which match their appearance with the appearance in the picture.

In which cases is a legal dispute worthwhile?

Now you are right to ask yourself when an objection is worthwhile at all? Traffic lawyers say that if a picture has been taken by the speed camera and is of poorer quality than a passport picture, then you at least have a chance. There is no guarantee in court anyway. You should also always keep an eye on what is going on. For the threat of a driving ban it is more worthwhile than for a simple warning fee of a few euros. Especially when they know they were too.

Easy game when the license plate is covered

One thing should be clear to everyone: if the license plate is illegible, you will probably not receive any mail anyway. This, of course, is the best case scenario. This can have several causes: either the camera of the speed camera system is defective or the license plate is so dirty that it is illegible. Attention: a heavily soiled license plate is an administrative offense. If you are caught, you will be asked to pay. It gets you worse when using so-called Plate Flipper. If such a system is installed, it can be shut down immediately and you can be sure that you will be notified. There is similar trouble if the license plate is missing. At least 60 euros are then due. And a sun visor strip that is set too low can possibly prevent an accurate speed camera image. However, in this case, too, there is a risk of severe penalties, including for attaching such a cover strip there is a legal requirement.

Reasons for an incorrect / invalid decision

• To check the fine notice for completeness and correctness
• technical error
• Incompetent operation on the part of the measuring officers (incorrectly installed, incorrect angle and distance to the road, measurement report not filled out correctly, no test photos taken to calibrate the speed camera, not attended any training on how to use the flash unit - the Authority MUST bring proof)
• Failure to process the fine notice (Processing time a maximum of 3 months without an extension in the meantime)
• the measurement data was not checked
• Speed ​​camera photo not clearly recognizable / poor quality
• unfavorable sunlight
• several vehicles driving side by side (The prescribed photo line for the assignment must be available)
• stipulated minimum distance between speed camera and traffic sign for speed limit not observed (Each federal state regulates its own distance regulations)
• The calibration date of the radar detector had expired at the time of the speed measurement (any repairs will invalidate the calibration)
• Radar detector is not used with the current software

Procedure when you receive a post from the fine office:

1. Check the fine notice for completeness and correctness (Section 66 OWiG states what the fine notice must contain *)
2. Do you suspect a wrong measurement? Then they weigh up whether an objection is worthwhile. If this is the case, file an objection within a period of 14 days (then the decision is final and can no longer be appealed).
3. Seek advice from a traffic law attorney. (however, this is not absolutely necessary for the objection)
4. The lawyer can request inspection of the files and the complete measurement protocol.
5. * this must be present in the notification:
   - personal details of the person concerned
   - Name of the act
   - Place and time of the offense
   - legal characteristics of the administrative offense
   - Applied fine regulations
   - evidence
   - fine and side effects
   - Reference to legal force and enforceability
   - if no objection is received, notice that objection can also be disadvantageous for the person concerned
   - Payment deadline two weeks
   - Instruction on the possibility of coercive detention

According to the judgment (Az .: 2 BvR 1616/18) of the BVerfG of December 15, 2020 Incidentally, every driver who has doubts about the lightning notice is entitled to the Raw measurement data of the affected radar device. More about the verdict can be found here.

Of course that had not been the case.

tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:

"Tuningblog.eu" - we keep you up to date on the subject of car tuning and car styling with our tuning magazine and we present you the latest tuned vehicles from all over the world every day. It's best to subscribe to ours Feed and will automatically be informed as soon as there is something new about this post, and of course also to all other contributions.