In the case of many car drivers is the Belief that recording with a Dashcam are generally illegal and may not be used in court proceedings.
this is also a rabid traffic educators, who had appealed against a penalty order objection related. However, without the success of the “Hannoversche Allgemeine” reported.
This had happened: The 39-Year-old has brakes on the highway a caravan overtaken, and then heavily. Probably the man of the long-living seeds felt mobile hinders, because he could not overtake even faster. The braking manoeuvre should be to discipline the counterparty, apparently.
Dashcams in the car, The spyware camera behind the windscreen Of Gernot Kramper
Such games are on German motorways often. On the one hand, miss driver Quickly understand the road traffic regulations in terms of Overtaking, often in your favor – so than the Faster have a privilege when Overtaking. And on the other hand, such acts appear to be rare, if there is no accident, because the evidence is a question of complicated. Here she was now extremely simple: The residential driver had a Dashcam, the dangerous manoeuvre on Video and the Verkehrsrüpel displayed.
The criminal command of the 39-Year-old did not want to accept it nevertheless, because such shots are not likely to be related to his opinion in a process. In the case of the judge in Burgwedel, he had no luck. According to the “Hannoversche Allgemeine” is to have the judge, the privacy line of reasoning only as a “stale” dismissed. He had the Dashcam recording as evidence. As a result, the 39-Year-old accepted the criminal in command of a three-month driving ban and 30-day rates 30 Euro because of the coercion.
please refer to: honking, shoving, cutting What is a coercion in road traffic?
privacy is not everything
Legally the man was ill-advised. Even if one assumes that the recordings would violate the privacy, they can be used in a process as a means of proof. Necessary a balancing of the legal interests is, as the Federal court of the 2018 decision. Simply put, this means that In case of an accident or a serious traffic violation of the privacy policy is subject to the interest of exploitation. In the case of a Bagatelle such as a Parking violation, the decision may be different.
in Addition, the majority of Dashcams are nowadays quite safe. Delete the current recordings automatically after a few minutes, so there is no occasion-less permanent storage, which would be prohibited. Only a special command, or the vibration due to an accident causes the device to preserve the relevant snippets of Video permanently.
source: Hannoversche Allgemeine
see also:
– Dashcams in the car – The Späh-camera allowed behind the front wheel
– Dashcam as evidence: tough luck, Verkehrsrüpel!
– honking, shoving, cutting What is a coercion in road traffic?
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