Radar fines, more appealable than ever before
A magistrate in Cordoba has annulled a fine captured by a fixed speed camera because only one image was attached as evidence. The rule establishes that there must be two, with different views. Euriux Lawyers Euriux Abogados, the national network of lawyers with more than 25 years of experience, explains the consequences of the judgement.
Justice has once again put the DGT on the ropes. A single frame of a vehicle captured by a fixed radar, not backed up by the reference of any Civil Guard or any physical person, is insufficient to fine a driver, even if two different images are provided. This is the opinion of the 5th Contentious Administrative Court of Cordoba, where a judge has annulled a fine captured by a fixed speed camera on the grounds that "there are not two photographs taken at different times".
The Cordoba court understands that Traffic acts in bad faith when it carries out this type of act. The DGT has been ordered to pay the costs of the trial. This is not the first time that the courts have accused the DGT of malpractice.
The judgement issued estimates that, according to order ITC/3699/2006, of 22 November, "unless the instrument - the radar - is capable of unequivocally tracking and identifying the target throughout the measurement process, instruments installed in a fixed manner and designed to operate under circumstances where the continuous presence of the operator monitoring their operating specifications is not possible, shall require at least two frames of the offending vehicle taken at different times: one of them will show a panoramic view of the vehicle; the other, its identification plate".