Opinion on the defectiveness of velocity measurements Such types of reports require a very complex and complicated analysis of many factors. Technology experts mbH (VUT) conducted a study on the defectiveness of speed measurements - Nevertheless, was commissioned by the Automobile Club of Germany (AvD) through the traffic - accident.
Thus, over 1800 Ordnungswiedrigkeiten were examined. The study found that only 15% of cases could be classified as Excellent.
Hard to believe, however, were discovered serious errors in 80% agree with the facts of the VUT.
This was also clear that in approximately 5% of cases of such severe shortage templates that the Authority would have absolutely no communication from fines may adopt.
The main argument is given that it creep abundances here both to technical as well as to human error mistakes. Therefore, the jurisprudence speaks of so-called. "Standarisierten measurement methods".
This measurement method is assumed to be correct, because it is a technically approved and verified measuring methods. This makes the handling of food very simple and very difficult for the need to provide the evidence. Also considered by the VUT the case of individual justice now remains literally on the line.
Is to rename that experts have divided all error sources in 5 categories.
• Category A: technically not provide useful measurements
• Category B: operations with technically nachzuweis forming defects
• Category C: operations with very serious deficiencies in the evidence
• Category D: operations with significant deficiencies in the evidence
• Category E: Operations with minor defects
• Category E1: operations without defects
The driver himself can refute the allegations made by the administrative penalties or their measurement only in the rarest cases.
This requires a reversal of the burden of proof, because the person concerned must prove not to have committed the Ordnungswiedrigkeit.
Ultimately, the person concerned may reach only to legal certainty when each individual case will be examined separately by an expert.
The collaboration between your lawyer and the expert is unerlässlig. For any question in this regard, we are happy to help you.