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Speed camera dilemma: Ducato driver remains unpunished thanks to tablet!
A Ducato driver from Schleswig-Flensburg remains unpunished. Fines office clarifies the importance of speed camera photos and driver identification.
Speed camera dilemma: Ducato driver remains unpunished thanks to tablet!
An unusual incident is currently causing a stir among camping enthusiasts: in a camping forum there is a report of a Ducato driver who was caught twice but did not receive any mail from the fines office. The driver himself explains that the folding mechanism of his tablet covered his face, making identification impossible. The fines office in the Schleswig-Flensburg district confirms that proper punishment for a traffic offense requires sufficient suspicion against a specific person, which is apparently not the case in this case.
As the Hamburg Fines Office notes, it is not absolutely necessary for the driver's entire face to be visible in a speed camera photo. Individual features may already be sufficient to enable identification. However, if the entire face is covered, clear identification from the photo is not possible. This raises questions that are of considerable interest to many road users.
The importance of speed camera photos
Speed camera photos play a central role when it comes to documenting traffic violations. According to the experiences of various experts, not all recordings are suitable as evidence. A face that is obscured or an illegible license plate significantly reduces the value of evidence. In Germany, “driver liability” applies: the actual driver is to be held responsible, not the owner of the vehicle. This means that the photos must clearly show both the license plate and the driver's face in order to hold up in court.
Sometimes a fine notice is even sent without a speed camera photo, which can show that the documentation requirements vary. If the photo is of poor quality or is completely missing, those affected have the right to request a better quality speed camera photo from the responsible authority. A written request may be necessary, and hiring an attorney could make the process much easier.
Response options and objections
If the speed camera photo does not provide clear identification, an objection to the fine could be advisable. Blurring can be caused by poor photo quality or sun protection glasses. In Germany, the deadline for objections is 14 days after receipt of the decision. A lawyer can increase your chances, especially if legal protection insurance is sufficient. A judge ultimately assesses the recognizability based on the speed camera photo and can even order a complex report.
It is also important that the driver's identity must be proven in the fine notice - this usually requires the speed camera photo. If there is insufficient identification, the photo can be declared invalid, which may lead to an acquittal. Those affected should best check whether they can actually see a better speed camera photo in order to increase their chances.
The fines office in Hamburg and the fines office in the Schleswig-Flensburg district have already warned in this somewhat specific case: intentionally avoiding a punishment is seen as inconsiderate of other road users, and this should not be put at risk carelessly.
It is essential for everyone who deals with fine notices and speed camera photos to be prepared and to react correctly if the worst comes to the worst. Information about these topics can be found on platforms such as moin.de, kanzlei-heskamp.de or bussgeld-info.de, which provide helpful insights.