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Old 08.07.2018, 22:06
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Motorbikes and fines

Hi,

I'm asking a hypothetical question for a friend, I don't even have a motorbike driving license.

When my friend drives 120km/h in a 30km/h zone, and a camera gets a nice piciture of both the front and the rear of his bike, what happens next?
I assume police will get very interested and will want to find someone responsible, take his license away and put him to prison.

My question is, how exactly do they find the person responsible for speeding?
Is the fact that the bike is registered to my friend enough to determine that he is responsible for the terrible act of speeding in a 30-zone?
Will they try to see his face on the photo? What if on the photo he's wearing a black jacket and a helmet, and all bikers look alike in their black jackets and helmets?

This is a hypothetical question, please don't tell me that the friend should be happy to pay his fine or whatever. I want to know how exactly the motorbike fines are enforced.

Any insight will be much appreciated,
Thank you for your time!
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Old 08.07.2018, 22:07
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Re: Motorbikes and fines

Unless he can prove it was someone else, the punishment is his.

Tom
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Old 08.07.2018, 22:12
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Re: Motorbikes and fines

Isn't speeding a criminal offense after some point?
If so, shouldn't it be the prosecutor's responsibility to prove "beyond reasonable doubt" the identity of the driver?
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Old 08.07.2018, 22:19
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Re: Motorbikes and fines

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Isn't speeding a criminal offense after some point?
If so, shouldn't it be the prosecutor's responsibility to prove "beyond reasonable doubt" the identity of the driver?
yes, they do so by checking the registration plate.

and seriously, 120 in a 30 zone?
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Old 08.07.2018, 22:28
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Re: Motorbikes and fines

Tell your friend that if he drops the soap, he deserves what's coming
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Old 08.07.2018, 22:42
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Re: Motorbikes and fines

OoooBoy, your "friend" is not just going to jail, if they get their hands on him... 120 in a 30 zone, do the math, best would be to skip country and never come back.
Vorausgesetzt this is a genuine thread and not a wind up.
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Old 08.07.2018, 23:10
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Re: Motorbikes and fines

The owner has the least problems. It is the registered holder which has all the responsibilities and has to make sure that the bike is not misused or ridden by someone who does not have a license.

The police are known to search the home of the registered holder at 5:30am, look gear, photographs and other evidence on telephone, computer, social media accounts etc. They may also look whose phone was logged in to the nearby mobile phone towers.

Unless it was close family the registered holder has to answer who had used the bike. To speed up prosecution they might even visit the holder at its workplace ASAP the photo of bad deed has been spotted.

We are speaking about an offense that is punishable by one to four years in prison, for first time offenders often suspended when no one was harmed.
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Old 09.07.2018, 17:41
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Re: Motorbikes and fines

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My question is, how exactly do they find the person responsible for speeding?
Is the fact that the bike is registered to my friend enough to determine that he is responsible for the terrible act of speeding in a 30-zone?
Will they try to see his face on the photo? What if on the photo he's wearing a black jacket and a helmet, and all bikers look alike in their black jackets and helmets?
Of course a foto with an identifiable face is preferred but this seems to not be necessary.

According to this article by the Beobachter (see "Aber aufgepasst: ..."), even if the face on the foto is unrecognisable you can't all of a sudden deny having driven yourself, you need to have done so from the start in order for that to be accepted. But if you do, you must name the culprit (unless it's a family member).

Also see this federal court ruling, especially paragraph 2.6 of the deliberations ("Erwägungen"). The case/appeal is on radar pictures taken at 02:18 AM. The face in the picture from the front shows an unrecognisable face because the sun shield(word?) covers the upper half of his face. The fact that the face is unrecognisable is brushed aside based on the reasoning that, at that daytime the sun shield could only have the purpose of making the the driver's face unrecognisable. However, since no party claimed or showed that someone else was driving, it is perfectly fine to assume that the defendant was indeed the driver.
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