─ Dear editors!
I exceeded the speed limit in the city and was photographed. Minimum excess. But fine for using the phone. at the same time, before leaving for the road, I finished the conversation, but still held the phone, holding it with my head and shoulder, but I was completely focused on the movement. Why? I’m done talking!
Nina H., Düsseldorf.
─ In this case, the woman received a ticket for speeding, and the photo taken as a result of the measurement showed that she was holding a phone. In court, she admitted that she was talking on the phone, but did not “hold” the phone, but squeezed it between her ear and shoulder.
According to §§ 23 para. 1a, 49 para. 1 no. 22 StVO, the use of the said device is punishable by a fine if the device is picked up or held for use.
According to the Higher Regional Court of Cologne, the literal meaning of the expression “hold objects” is possible without the use of hands. For example, one can speak of “holding” if the object was fixed between the upper arm and the torso or between the thighs (Oberlandesgericht Köln, decision of 12/04/2020 – 1 RBs 347/20).
Ksenia KRUG, lawyer,
Grabenstrasse 11 a, 40213 Düsseldorf,
0211-542 13820, 0178-295 2201,
www.krug-recht.de
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