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Speeding: radar is not mandatory

2021-12-31T11:58:54.869Z


USER RIGHTS - Contrary to popular belief, law enforcement agencies do not necessarily need to resort to the use of a speed camera to report a speeding violation.


The road user can be fined without a radar for the offense of "excessive speed in view of the circumstances".

This offense is noted without encrypted speed.

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She is punished with a fine of 135 euros.

It can obviously be contested if the enforcement officer does not provide precise information on the concrete circumstances of the offense (presence of heavy traffic, rain, etc.).

But the courts also ruled that officers can measure and measure a speed without the aid of radar.

Indeed, the use of a speed camera is not the only legal method of proving a speeding ticket and judges can base their convictions both on the minutes and on presumptions of fact which they appreciate the probative value (confession of the accused, visual observations of the police, timing between milestones for videos published on the net, etc.).

Remember that the Highway Code specifies that offenses can be established by any method of proof and the judge decides according to his personal conviction.

However, the lack of use of the radar prevents the police from withholding the driving license with a view to its administrative suspension by the prefect.

The Highway Code requires that the violation at the maximum authorized speed be established by means of an approved device.

Source: lefigaro

All news articles on 2021-12-31

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