The so-called Dashcams are in vogue. Installed behind the windshield, these small cameras constantly photograph what is happening in front of their vehicle. Federal judges in Lausanne will soon have to deal with such a video. Pus driver The FST was filmed on the A51 between Kloten and Lwolz, as drove by the driver of the Jeep in the fast lane and then passed the right.
He pointed to the driver – and presented the video as proof. The Bolak District Court denounced the driver of the garage in connection with a serious violation of the traffic laws to a suspended fine of 110 daily rates of 150 francs (16,500 francs) and an unconditional fine of 4000 francs. There are also several thousand francs court fees. The Supreme Court established Bülacher's verdict a month ago.
As the defender of the defendant driver now confirmed on request, he wants to bring the case definitely in federal court. Because filming on the highway can not be punished, but violates the privacy rights of other road users. As proof, only a Dushkam video can be used only in very special circumstances: whether there is a personal interest of a victim or in the case of a public interest.
In the present case, a VW driver can not claim any personal interest in court because he is not injured. And there is a public interest in the matter of a "serious offense."
The Supreme Court praised the drive and renovation on the highway as a serious crime and give the video evidence. In contrast, Mario Bortoluzzi, the lawyer of the driver of Jeep, wants to defend himself before the federal court. "Such scenes happen every day on our roads," he says. There is no doubt that serious traffic traffic will not be described as a serious offense.
The Federal Court has so far not commented on the usability of Dashcam's videos. A verdict in the case of Unterlandautobahn therefore will be groundbreaking how law enforcement agencies have to deal in the future with recordings of cameras in cars.
For Bortoluzzi, the case is clear: "If the federal court reaches the same conclusion as the lower courts, we have to triple our legal system." Because then everyone will soon start filming them all, and it will only trigger awareness, concerns and attorneys. (Lower Zurich)
Created: 14.11.2018, 17:20