Court acquits driver of speeding charge because facial recognition failed to match him to the radar photo.
Legislator summary
AI generatedThe court acquitted the defendant, Ł. S., of a speeding offense based on evidence from an automated speed measurement device. Although the defendant owned the vehicle and claimed he was abroad at the time, the prosecution relied solely on the assumption that the person in the radar photograph was the defendant. The court found the defendant's explanation credible and noted significant discrepancies between the radar image and his passport photo, such as the presence of glasses in the photo and differences in facial features over eight years. Consequently, the court determined that the defendant did not drive the vehicle on the specified date, leading to his acquittal.
Legislator headnote
AI generatedArt. 92a kw; § 27 ust. 1 Rozporządzenia Ministra Infrastruktury; The court established that an individual cannot be held criminally liable for a traffic violation recorded by an automated device if there is no reliable evidence linking the recorded image to the accused person.