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Error margins on the measuring devices in the speed controls

"The Superior Court of Justice (TSJ) of Castilla-La Mancha, in its recent ruling of November 23rd, 2015 rejects the statement of the General Directorate of Traffic (DGT), which argues that" when the infringing speed is reflected in the corresponding bulletin, the deduction of error margins is already done, in accordance with what is established by the control standards and the periodic verifications". The TSJ states that the argument "would only be credible if the photograph of the vehicle in whose upper part appears the screen of the kinemometer where the detected speed is reflected, the margins of five are subtracted or feel regulatory per cent."

Comunication Bureau

Date 29/01/2016

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

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