Legislator Case Law & Legislation
II W 126/23 AI generated

Court dismisses defendant's speeding defense due to lack of evidence for speed limit sign.

Case Number II W 126/23
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court found the defendant guilty of speeding by 24 km/h in a residential zone with a 50 km/h limit. Although the defendant claimed a sign allowed 70 km/h, the court rejected this argument due to the absence of evidence and contradictions with police testimony. Consequently, the defendant was fined 300 PLN, but exempted from court costs due to low income.

Legislator headnote

AI generated

Art. 92a § 1 k.k.; Art. 10 § 1 k.k.: A defendant's claim of a higher speed limit without corroborating evidence is disregarded when police measurements are reliable and the defendant fails to prove the existence of the alleged sign.

Keywords

AI generated
speeding offense residential zone limit burden of proof speed limit sign police measurement reliability fine exemption criminal procedure

Cited Legislation

AI generated
Art. 92a § 1 k.k.
Art. 10 § 1 k.k.

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