The ruling shows that the margins of error that the measuring devices may have cast doubt on the reliability of the measurements they take and therefore consider the application of that safety margin necessary to make the measurement result reliable.
The TSJ resolves thus annuls the fine imposed on a driver for driving at 113 kilometres per hour, in an area limited to 80 km / h, because it does not correspond to the margins of error, stating that "The infraction cannot be understood as committed to the be the speed at which it circulated lower than that contemplated in the complaint for which the sanction was imposed "
Although this judgement does not establish jurisprudence (for that reason the same pronouncement is necessary in two or more judgements of the Supreme Court), it does give rise to subsequent claims in contentious-administrative proceedings based on this pronouncement and asking that it be applied in substantially identical cases.
If you were involved in a matter of this nature, do not hesitate to contact our Office, whose specialist will assist you in defence of your right. ”
Carlos Javier Castillo Rodríguez - Balms Abogados Marbella