Legislator Case Law & Legislation
XI W 8027/13 AI generated

Court acquits driver of speeding charge because facial recognition failed to match him to the radar photo.

Case Number XI W 8027/13
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Art. 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.

Keywords

AI generated
automated speed measurement facial recognition failure individual criminal liability traffic violation evidence acquittal due to identification error

Cited Legislation

AI generated
Art. 92a kw
§ 27 ust. 1 Rozporządzenia Ministra Infrastruktury i Spraw Wewnętrznych i Administracji z dnia 31 lipca 2002 r. w sprawie znaków i sygnałów drogowych
art. 118 § 2 k.p.w.

Need to analyze how this precedent applies to your matter?

Cross-reference this judgment against statutes, commentaries, and subsequent citing case law inside Legislator AI.

Open in Legislator →

Full text