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Saarland abandons special defense regarding speed measurement data following Federal Court of Justice ruling

Economy
Saarland abandons special defense regarding speed measurement data following Federal Court of Justice ruling

Saarland has given up its unique legal defense based on missing raw speed measurement data, following a Federal Court of Justice ruling. The BGH ruled that missing raw data does not violate procedural rights or exclude evidence. Consequently, Saarland must now follow standard procedures used in other federal states.

Saarland has relinquished its unique legal defense concerning speed measurement data. Previously, this defense allowed drivers to evade fines by asserting the absence of raw measurement data. Now, the Federal Court of Justice has ruled that the absence of raw data does not constitute a violation of procedural rights or lead to the exclusion of evidence.

This development confirms that Saarland has given up its special claim regarding speed measurement data. The former practice was largely based on the argument that the lack of raw measurement data provided grounds for the non-recognition of the evidence. However, the Federal Court of Justice's ruling calls this foundation into question by clearly stating that such data loss does not automatically violate procedural law or make the presentation of evidence impossible.

Consequently, Saarland must adhere to the standard procedures used in other federal states in the future. Thus, Saarland's former, specific jurisprudence loses its binding force before local courts. Anyone filing an objection in the future must therefore rely on specific points of error, analogous to what is the case in other federal states.

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Saarland abandons special defense regarding speed measurement data following Federal Court of Justice ruling — News Hub