For a year and a half Warsaw police officers issued 75 tickets for exceeding the speed limit, which they measured using non-legalized radars. Despite the violation of the law by the officers, none of the fined persons appealed to the court, and the regulations do not provide for the possibility of revoking a valid ticket. The Ombudsman addressed this problem to the Minister of the Interior and suggested changing the current regulations.
According to the response received from the Metropolitan Police, “from February 9, 2021 to September 4, 2022, they carried out 75 inspections using laser speed meters without valid legalization certificates and imposed as many fines”. None of the punished persons appealed against these decisions to the court. Police officers who “committed this offense, and his criminal record has not expired, were fined.”
“Other officers who used and kept ready-to-use measuring instruments subject to metrological control without evidence of such control were subject to official consequences,” we read.
The Ombudsman suggests changing the regulations
However, as the Ombudsman pointed out, “in the light of the law, it seems impossible to remove the effects of these actions.” “The Code of Conduct in Petty Offenses Matters lacks a solution that would make it possible to revoke a valid penalty ticket in the above situation, or if the officer committed another gross violation of the law while imposing the ticket,” said Wiącek.
“In addition, it is not possible to file a cassation appeal against a valid fine. It is also not possible to resume proceedings in the case of petty offenses in which the punishment was based on the indications of devices that could not be lawfully used by police officers” – he added.
Therefore, according to the Commissioner for Human Rights, it “requires consideration of whether the applicable regulations should be changed in such a way as to guarantee the possibility of repealing a valid criminal fine in the described situation”.
Main photo source: Darek Delmanowicz/PAP