Speeding Conviction Upheld Despite Non-Compliance with Trailing Method Instructions

A defendant was accused of exceeding the highway speed limit by at least 33 km/h based on police officers following the vehicle over approximately 18 kilometers, and the defendant appealed, arguing that the police failed to adhere to the Technical Instructions of the Federal Department of Environment, Transport, Energy and Communications (UVEK) regarding speed checks, specifically concerning the trailing method. The appellate court affirmed the conviction, reasoning that the UVEK Instructions lack the character of legal norms and do not bind the judge's free evaluation of the evidence; therefore, whether the speeding was sufficiently proven in the specific case must be determined by the court's free judicial assessment of the evidence, even if standard procedural requirements regarding trailing distance were not met.