In a hearing from the administrative fines department of the Heidenheim district, you are accused of exceeding the maximum speed limit of 50 km / h outside built-up areas?
Then already at 21 km / h there is a risk of one point too much and at 26 km / h a month’s driving ban, not to mention the high fines. The penalties increase every 5 km / h and can be increased for novice drivers and repeat offenders.
But it doesn’t have to come to that. An experienced defense attorney can save you the impending fine, points and driving ban. The weaknesses of the measuring device of the type LEIVTEC XV 3 used here are a sure guarantee for the success of your objection.
With this speed camera, the change in the distance from the device to the measuring object is measured and registered. The infrared rays are emitted at 50 mrad. As a result, an area approx. 2.5 m wide and 2.0 m high is evenly irradiated at a measuring distance of approx. 40 to 50 m. After a vehicle has been recognized as entering the measurement area, a large number of infrared pulses are sent out, reflected on the vehicle being measured and registered by a receiving sensor on the measurement device. The measured transit time of these impulses – halved and multiplied by the speed of light – gives the distance to the measuring object. Using this data, the required travel time for the measurement route and finally the speed can be calculated. Every vehicle is recorded automatically. If the speed entered as the setpoint is reached or exceeded, the measured value with all associated data is transferred to the audio track of the video tape.
However, this continuous video recording violates the general personal right from Art. 2 Para. 1 in conjunction with Art. Art. 1 para. 1 GG in its expression as the right to informational self-determination. There is also no express legal basis for this. Therefore, a defense attorney can assert that the recording is unusable.
Most recently, it turned out in the summer and autumn of 2020 that two measuring devices of this type installed next to each other did not necessarily produce the same measurement result, even though they were correctly set up and operated: A vehicle was measured by two different devices at the same time. This example already shows how unreliable these devices are. The specific cause of the respective inaccuracy can be determined by a technical expert.
If there is no evidence of staff training, the measurement can also not be valid.
Often the maintenance intervals are not adhered to and the calibration has therefore expired at the time of the measurement. Then the entire series of measurements is to be canceled and the person concerned acquitted.
These and many other errors can be found when analyzing your raw measurement data and measurement protocols.
Attorney Andreas Junge therefore has your measurement data analyzed by a technical expert. Its expert opinion is the basis for applications for evidence, with which the unusability of your measurement is proven.
The result is an acquittal or the termination of your proceedings. In this case, you are spared points in the driving aptitude register (formerly the central traffic register) in Flensburg or even a driving ban.
If you have legal protection insurance, you will not incur any costs for the entire procedure.
Important: Report to a lawyer specializing in regulatory offense law at an early stage, preferably when you have received a hearing from the authority. The sooner you report, the more effective the defense.
Attorney Young defends annually nationwide in approx. 1000 fine proceedings and he is a specialist lawyer for criminal law. This means that he has the knowledge and experience to advise and defend you optimally.
Just send an email or call Andreas Junge’s office. He has his office in Berlin and a branch in Cottbus. The initial legal consultation is free of charge in any case. You can also contact us at short notice via mobile phone: 01792346907. The usual messenger services are available.
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