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Taiwan High Court Orders Retrial for 12,000 NTD Speeding Ticket Case Due to Major Evidence Flaw

From Liberty Times · () Chinese

Translated from Chinese, summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • A woman's 12,000 NTD speeding ticket and license suspension were overturned by a higher court due to a potential flaw in the evidence.
  • The woman argued the speed camera warning sign was obscured by trees, making it impossible to see at night.
  • The court found the initial trial's reliance on police reports and photos insufficient, ordering a retrial.

A significant legal loophole has led a higher court to overturn a 12,000 NTD speeding ticket and a six-month license suspension for a Pingtung woman, ordering a retrial after three years of legal battles. The case highlights potential issues with evidence collection in traffic violations.

The woman was fined and penalized in July 2023 for exceeding the speed limit by 40 to 60 kilometers per hour on National Freeway No. 3. She contested the ticket, claiming the "Police 52" warning sign for the speed camera was obstructed by dense trees. She argued this made it difficult for drivers to see and recognize the camera, especially during nighttime or early morning hours, rendering the police's enforcement process unlawful.

completely failed to investigate how that sign photo was obtained, or when it was taken

— Higher Administrative CourtThe court's reasoning for overturning the initial verdict, highlighting the insufficient investigation into the evidence.

However, the first trial court relied solely on the issuing officer's "duty report" and accompanying photographs to uphold the violation. The Higher Administrative Court, in its review, identified a critical flaw: the initial court failed to investigate how the provided photos were obtained or their specific timestamps. This procedural oversight was deemed a "hasty judgment" based on superficial examination.

Consequently, the higher court nullified the original verdict, remanding the case for a new trial. This decision emphasizes the need for thorough investigation into the evidence presented in traffic violation cases, particularly concerning the visibility and placement of warning signs.

a hasty judgment based on superficial examination

— Higher Administrative CourtDescribing the initial trial's handling of the evidence as inadequate.
DistantNews Editorial

Originally published by Liberty Times in Chinese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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