Ducato driver remains unpunished: speed camera photo causes confusion!

Ducato driver remains unpunished: speed camera photo causes confusion!

In the last few days, a strange rumor about a Ducato rider has caused a stir on a camping forum. The man claims to have been flashed twice, but never received any mail from the fines office. The reason? A folding mechanism on his tablet obscured his face, making identification impossible, according to authorities. The fines office in the Schleswig-Flensburg district as well as the fines office in Hamburg confirm that punishment for an administrative offense requires that there is sufficient suspicion against a specific person.

The whole thing raises the question: To what extent are speed camera photos actually suitable as evidence? Moin.de reports that the entire face does not necessarily have to be visible for identification, but if the face is completely covered, identification is unlikely to be possible. The quality of the speed camera photo is all the more important, because the face and the vehicle license plate must be clearly recognizable, otherwise the photos lose their evidentiary value, as Kanzlei-heskamp explains.

Speed ​​camera photos and their meaning

According to the information from Bussgeldkatalog.org, speed camera photos document not only the vehicle license plate number, but also the identity of the driver in the event of traffic violations. It is important that the photos meet the appropriate conditions in order to be considered evidence. An illegible license plate or obscured facial features can result in the case against the driver being dropped.

By the way, “driver liability” applies in Germany. This means the actual driver is responsible for traffic violations, not just the vehicle owner. The Hamburg Fines Office has even emphasized that intentionally avoiding a fine is seen as inconsiderate towards other road users.

Proceedings and appeals

If a speed camera photo is not clear enough to identify the driver, those affected can request better quality photo evidence from the responsible authority. Inspection of files according to Section 49 OWiG allows you to examine the original photo, which is often clearer than the copies contained in the notices. A lawyer can provide valuable support here, as they can also file objections in a timely manner.

However, if a fine is issued without the speed camera photo, this is not an automatic reason for an objection. There are also other pieces of evidence that can be used in fine proceedings, such as measurement protocols or video recordings, as Bussgeldkatalog.org highlights.

In summary, it can be said that the issue surrounding speed camera photos and traffic violations is extremely complex. The clear guidelines and requirements for the identifiable representation of the driver and license plate are of great importance for all road users. Anyone who is unsure should not be afraid to seek legal advice in order to make the best use of their rights and options.