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log book edition despite evidentiary privilege

evidentiary privilege log book edition is not opposed.

VG Mainz, Decision of 22.11.2010 - 3 L 1381/10.MZ

A vehicle owner can not refuse to testify on his system in order to avoid a log book edition.

was to the following facts:

The keeper of a vehicle on the highway has exceeded the speed limit by 21 mph. This would have had a point on their driving for the driver to follow. In the subsequent identification of the driver had not the keeper with, but said nothing. The driver could not be finally determined.

The city of Mainz, as the competent authority, the keeper was under the immediate arrangement to prison to keep a logbook. Appealed against the governor-judgment (suspension of immediate execution). It justified the appeal, among other things, that her partner drove the vehicle. They would therefore exercised their right to refuse to testify. A log book edition would thus run contrary to the evidentiary privilege.

This legal opinion did not follow the competent judge of the Administrative Court of Mainz. The request of the keeper was denied. The traffic violation, which would have been punished with a period justify the trip edition, provided that the driver could not be determined and not the holder participates. An evidentiary privilege is the keeper in relation to their partners not to. That being said, there is an evidentiary privilege does not preclude a log book edition. to refuse for a traffic violation on one page in misdemeanor cases the statement and to keeping all veschont despite the lack of participation in the determination of the driver of a log book edition, -

A "double law" - the judges said is already not because of the purpose of a travel journal edition. These are namely the order and security of road transport.

§ 52 Code of Criminal Procedure evidentiary privilege
(1) The refusal of the certificate may
first
the fiancee of the accused or the person with whom the accused has made a promise to establish a partnership;
second
the spouse of the accused, even if there is no longer the marriage,
2a.
the life partner of the accused, even if there is no longer the partnership;
third
who with the accused in a straight line related by blood or, in the lateral line to the third degree or related to the second degree by marriage is or was.

About the Author: Attorney Thomas Brunow lawyer for traffic law in Berlin. 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 and those affected by road accidents on traffic violations (hit and run fine, points on their license, etc.) quickly and efficiently.

more info: www.verkehrsrecht-24.de

Tel: 030 / 226 35 71 13

lawyer Thomas Brunow is a partner of the firm Prof. Dr. string & Partner Berlin