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IV Ka 104/15 AI generated

Court dismissed appeal against traffic fine for speeding 35 km/h over limit based on reliable radar evidence.

Case Number IV Ka 104/15
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The appellate court upheld the lower court's conviction of the defendant for speeding 35 km/h over the limit in a built-up area. The defense argued that the exact speed exceeded could not be determined with certainty, but the court found the radar measurement reliable under ideal conditions with no interfering factors. Consequently, the court rejected the appeal as unfounded, maintaining that the factual findings and evidence evaluation were logical and compliant with legal standards.

Legislator headnote

AI generated

Art. 92 a kw; Art. 437 § 1 kpk: The appellate court must uphold the first-instance judgment when the factual findings are based on reliable evidence, the evaluation of evidence is logical and consistent with life experience, and no unresolved doubts exist regarding the circumstances of the offense.

Keywords

AI generated
traffic violation speeding offense radar measurement appellate review evidence evaluation factual findings dismissal of appeal

Cited Legislation

AI generated
Art. 92 a kw
Art. 437 § 1 kpk
Art. 109 § 2 kpw
Art. 636 § 1 kpk
Art. 119 kpw
Art. 8 i art. 21 pkt 2 ustawy z dnia 23 czerwca 1973 roku o opłatach w sprawach karnych

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