Criminal law: Contest a fine with free legal advice

Questioner

The Public Prosecution Service accuses me of a criminal offence because I was allegedly flashed at 185 km/h on a motorway (120 km/h permitted). After correction this would have been 59 km/h too fast. I requested the photo and it shows my vehicle. I was there on that date and time, but I am 100% convinced that I did not drive that speed; never drive that fast, can't go on the A30 on Monday afternoon 15:00, my car only wants to go 181 km/h according to the technical data, there was demonstrably no need for it, average speed from departure to point of violation was 81.5 km/h (demonstrably) etc. I also find the position of my car in the photo suspicious (far left). After studying the photo I conclude that the radar information refers to lane 1. The lane count is according to my data from the central reservation (left) increasing to the right. So lane at the central reservation is 1, next right next to it is 2 etc. My vehicle is driving in lane 2 in the photo in that case. No other vehicles are visible as my car takes up a very large portion of the photo. I think there are 2 possibilities: 1. an approaching vehicle in lane 1 was driving at this speed, but is not visible in the photo because it disappears behind my vehicle 2. the radar installation has failed; articles from January 2016 clearly indicate that in case of reflection, the observed speed is double the actual speed driven. Excesses must be removed by the police. 1 of the points to recognize these excesses is incorrect indication of the lane in relation to the vehicle. Now my question; is this sufficient evidence for the Public Prosecution Service and possibly the subdistrict court judge to dismiss this case?

Lawyer

The Public Prosecution Service will not quickly decide to drop a case. But it is always possible to object to a fine within the set term. The case will then come before a judge, and with a well-founded defense one could try to convince the judge. One reason is certainly to dispute the reliability of the camera is certainly an option. If you would like further help and/or advice, please feel free to contact me.

Questioner

Thank you for your response. After a hearing with the Public Prosecution Service, the Public Prosecutor decided to bring the case before the judge, demanding a fine of 750 euros and a 2-month suspended driving ban with a probationary period of 2 years. The Public Prosecution Service's argument was that the police count the lanes from the radar array, despite Rijkswaterstaat prescribing otherwise in their 'Descriptive Place Indication System'. Nevertheless, the judge had sufficient doubts to rule in my favour and the case was further discontinued. All's well that ends well!