A Madrid court has ruled in favour of a motorist who in 2019 sued the Directorate General of Traffic for imposing a fine of 200 euros and the deduction of 3 points from his licence for using an intercom while driving on the M-506.
The sentence condemns the General Directorate of Traffic because the officer who reported the motorist could not provide evidence that the driver was using the intercom when he was fined.
The judge's ruling is based on the lack of evidence to prove the time of the offence. "We are dealing with instantaneous sanctions. That is to say, they are not captured by cameras, such as speed cameras". As the witness statement of the officer was not given, the judge considered that the defendant was in a situation of defencelessness and agreed with him. Therefore, the motorcyclist has won the sentence and recovers the 200 euros and the 3 licence points he had lost when he was fined.
The judgement handed down by the 21st administrative court of Madrid opens the door for other motorists in the same situation to appeal the fine with the prospect of winning. There are many loopholes surrounding the legality or illegality of intercoms. Read more
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