Court dismisses defendant's appeal regarding unreliable speed measurement due to asphalt replacement and lack of significant speed difference.
Legislator summary
AI generatedThe defendant argued that a speed measurement was unreliable because the road surface had been replaced after the initial test, citing a prior ruling on similar grounds. The court rejected this claim, noting that the subsequent control measurement was conducted under identical conditions with the same equipment and yielded no significant difference in recorded versus actual speed. Consequently, the court upheld the conviction for speeding and imposed a fine with a suspended payment period.
Legislator headnote
AI generatedReglement verkeersregels en verkeerstekens 1990; Wegenverkeerswet 1994: A prior finding of unreliability due to road surface changes does not automatically invalidate a subsequent measurement if conducted under identical conditions and confirmed by a lack of significant speed variance.