Key legal question
Whether the speed-measurement protocol was unusable because of alleged breaches of ASTRA instructions and thus required acquittal.
Extracted holding
The alleged defects in the protocol did not make the measurement unusable; the lower court’s factual findings were not arbitrary and the ASTRA instructions do not have the force of law.
Extracted reasoning
The Court held that ASTRA instructions are not federal law under Art. 95 lit. a BGG and do not exclude free judicial assessment of evidence. The appellant failed to show arbitrariness in the lower court’s finding that the location, direction of travel, named officers, and uninterrupted functioning of the device were sufficiently established.