If a traffic light is not already equipped with appropriate measurement system for tracking offenders red light, then help here often from police officers who observe violations and then bring in pursuit. Upon determination of the red light violation by observation, however, very high requirements are placed.
In one of our open cases, a driving instructor accused of a qualified red light violation (over 1 second red). Because this offense was against our clients to pay a fine of 200,00 € and a month driving ban imposed.
Our client was a passenger on a training ride. The learner was on his way to the driving test. The learner driver drove up to the green traffic light and intended to turn right. When the vehicle has already crossed the stop line and the side door onto the traffic light was, the traffic light turned to red As our client - as a driving instructor - the shoulder check undertook the same way as the learner discovered our client as the traffic light at that moment on yellow changed . A braking at this time would have resulted that the vehicle in the intersection area would come to a halt.
few meters behind the intersection of our client was stopped by a patrol car. It has been accused of a red light violation (here, as the responsible have committed a driving instructor) to. After the stated our clients with emphasis was that we could meet again before the criminal court, he did every other statement.
against the penalty decision was opposed and immediate access to the file made. The Act was - as expected - very thin and contained only one completed by the officials Din A 6 registration report with the words "pedestrian ASU already green."
From this it should be concluded that the light signal system for our clients already indicated red light.
As was measured by estimation were to set high standards. In any event, the mere emotional appreciation of a police officer for the detection of a qualified red light violation, since our client was accused of only short-term skilled red light violation (probably quite different if the traffic light already showing several seconds red light). Likewise, it is not enough to count randomly officials present 2 seconds. After our protest, the officials make statements such as the measurement was where they were at the time of the alleged breach and perceived the tasks to the police at this time.
It turned out that the officials just not out of service for targeted surveillance of the light warning device were. Where exactly they were and how the measurement was made, they gave no information about it. The penalty procedure was eventually discontinued completely.
any case shows that not every red light violation sufferers have to accept unconditionally. Even with modern measuring systems connect to measurement errors that cause invalid measurement results. Your traffic law attorney for advice.
traffic law attorneys, visit Schadenfix.de.
About the author: Thomas Brunow lawyer is legal counsel of the Volkswagen - Audi Dealers Association of Traffic Law Traffic Law and member of the consortium in Berlin. Attorney Thomas Brunow helps victims affected by road accidents and traffic violations to quickly and efficiently.
more info: www.verkehrsrecht-24.de
lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner in Berlin
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