The decision of a Cordoba court can cause a lot of trouble in the DGT. You have reversed a speeding penalty because the penalty notification contained only one image. That is why we ask ourselves: How many photos must a traffic ticket attach to be legal?
The Contentious-Administrative Court number 5 of Córdoba has annulled the fine imposed by a fixed radar for various defects in the images that the notification of sanction provided as evidence. In his sentence, the judge affirms that the photograph that serves as evidence does not meet the legal requirements; but what is more important, the sanction processed by the DGT only provides a photograph.
Each fine must be accompanied by two photographs
As explained by the lawyers of DVuelta (company for the defense of drivers that has processed the sanction appeal) the regulations require that the speeding tickets They are accompanied by two images captured by the radar that has registered the offense.
It is also confirmed by the judicial ruling that recalls that, applying order ITC / 3123/2010 of November 26, which regulates the metrological control of the state of the instruments intended to measure the speed of movement of motor vehicles, it is “necessary the requirement of at least two frames of the offending vehicle taken at different times “.
According to the text cited by the judge, for a speeding ticket to be legal, it must be accompanied by two images:
- One of them will show a panoramic view of the vehicle
- In the other, the license plate must be clearly displayed
In this case, the judge understands that “it cannot be specified that one frame is no more than the enlargement of the other, which in practice would imply the existence of a single photograph, a thesis that would be paid, since the photograph of the license plate it does not contain the data also required by the standard under study, identification of the speeding device, date and time of the event, recorded speed or kilometer point where the device is located “.
It also states that “there is no evidence that the cinemometer be able to detect, follow and unequivocally identify the target throughout the measurement process “, so that” the existence of two frames taken at different times was required “.
With this ruling, DVuelta has managed to get the judge to annul the sanction and order the General Traffic Directorate to pay the costs derived from the judicial process.
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