Photo: Circulating Insurance (Flickr) CC BY
the legal system makes mistakes, because apply people. In this case we speak of a penalty for excess of speed to be imposed to a driver, initially 400 euros and four points, an excess remarkable. The defendant appealed, and the Court of the Contentious-Administrative nº4 of A Coruña has given the reason.
The DGT had not applied correctly the margins of error of the cinemómetro, described in the Order ITC/3123/2010, regulating the metrological control of the State of the instruments intended to measure the speed of movement of motor vehicles. This means that he had been punished for going faster than I really was flowing.
The penalty has been reduced to 300 euros and two points, and lDGT has to pay 400 euros of court costs to lose the resource. When claiming a penalty of traffic loses the right to 50% discount for prompt payment, and the other way around, to pay one-half means to end the administrative route, and admit the fact.
According to Motorists, the European Partners, since may 2010 have been issued to 300,000 penalties for excess of speed higher than that ought to be for law, when not properly apply the margins of error.
furthermore, AEA goes beyond that. and he says that the DGT fails to comply with the european directive on sanctions, which says that you must indicate in the sanction the current limit, the speed measured by the device, and the corrected speed with the margins of error (at the bottom). The DGT does not include that last data.