You have received a hearing sheet from the Hamburg fine office because you were flashed here because of a red light or speed violation, § 37 Abs. 2, § 49 StVO, § 24 StVG, 132 BKat? Then an experienced defense attorney can save you the impending fine, points or driving ban. In practice, almost every speed camera is vulnerable. Here it is the weaknesses of the laser measuring device of the type PoliscanSpeed that make your objection a success.
Since its market launch, it has been one of the most controversial measuring devices in Germany. It is true that the manufacturer replaced the software after scathing criticism by the case law. However, the characteristic sources of error have remained. It is a measuring device that is supposed to record red light and speed violations.
The speed camera is serviced here independently of the traffic light and this creates time windows in which the measurements do not match the traffic light phases. The same applies to lamp delay times and tolerances; these must be entered separately from the traffic light maintenance on the measuring device. These time delays between the traffic light and the speed camera lead to the well-known 5 seconds in which the traffic light is still yellow, but the speed camera is already triggered. Likewise, the calibration is not always checked during maintenance. Whole series of measurements have already been canceled and those affected have been acquitted because the legally prescribed calibration had expired.
The speed is determined by means of laser beams that are sent out, reflected by the vehicle and sent back to the speed camera. By means of a laser-distance-time-impulse measurement, the time is determined which is required for the previously determined distance. From this the speed is calculated according to simple physical laws.
With this method, however, it is possible that the reflection of the laser beams comes from different body parts. However, backscatter signals are treated by the measuring device as if they were reflected from the same body part. As a result, the vehicle can actually cover a different distance in the reference time than was supposedly determined by the measuring device. Therefore, the speed calculated by the speed camera and later claimed by the fines office may be higher than the one you actually drove. Test series have shown that in approx. 50% of the measurements the actual and measured speed do not match. It cannot be ruled out that this serial error also occurred during your measurement. Likewise, errors very often occur in the evaluation of the measurement photos due to a lack of training for the officials. In its operating instructions, the manufacturer also expressly requests appropriate training for officials prior to their first use. If there is no corresponding evidence in the file, the measurement cannot be used as a basis for a fine. Experts in traffic measurement technology can find these and other errors when evaluating your raw measurement data and measurement logs.
Attorney Andreas Junge therefore has a technical expert report drawn up for your measurement process. This documents the errors found and their negative impact on the displayed measurement result. It is thus the basis for requests for evidence, with which the court can prove the inaccuracy of your measurement. The result is an acquittal or the termination of the proceedings. In any case, you will be spared points in the driving aptitude register (formerly the central traffic register) in Flensburg or even a driving ban. Your legal protection insurance will cover all procedural costs, even hiring the expert is free of charge for you.
If you do not have legal protection insurance yet, this is not a problem here. In the case of fines, the peculiarity is that some providers offer legal protection retrospectively for up to 3 months. Good lawyers who specialize in the defense of administrative offense matters can provide non-binding advice.
Important: Report to a lawyer specializing in regulatory offense law at an early stage, preferably when you have received a hearing from the authority. Attorney Andreas Junge knows the possibilities of effectively defending you at this early stage of the procedure.
Lawyer Junge is a specialist lawyer for criminal law and defends in approx. 1000 fine proceedings per year. He thus has the knowledge and experience to optimally advise and defend you on administrative offense law. He has his office in Berlin and a branch in Cottbus. The local distance is not an obstacle.
Just send your questions by e-mail or call Andreas Junge’s office. Short-term contact is also possible via mobile phone: 01792346907. Telegram, TelegrammX, Signal and WhatsApp are available as messengers.
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