A German driver, identified on social media as "Chubby♨️," has initiated an appeal against a speeding ticket, leveraging artificial intelligence, specifically ChatGPT, to draft the legal challenge. The appeal centers on the argument that the 30 km/h speed limit sign was obscured by dense vegetation and parked vehicles, rendering it unrecognizable to a driver.
The individual recounted being caught speeding but noted the absence of a clearly visible speed limit sign. Upon returning to the location, they discovered the sign was "completely covered by leaves" beneath a "School" sign, making it "unrecognizable." This observation prompted the driver to consult ChatGPT, which affirmed that a speed camera positioned behind an obscured sign likely violates German law.
The appeal, drafted by ChatGPT, states: "I reject the warning and request that the case be dismissed (Section 47 OWiG). The 274 “30 km/h” sign at the measurement location was not visible because it was obscured by dense vegetation... According to § 39 StVO/VwV-StVO, a sign must be easily and promptly recognizable; the principle of visibility (“quick, casual glance”) has been violated here (BVerwG 3 C 18.07)." This legal principle, known as the "Sichtbarkeitsgrundsatz," dictates that traffic signs must be clearly visible to the average driver.
Legal experts and precedents in German traffic law, including rulings by the Federal Administrative Court (BVerwG 3 C 18/07) and higher regional courts like Hamm (III-3 RBs 336/09) and Oldenburg (Ss 147/02), support the notion that an objectively unrecognizable sign is legally ineffective. Drivers are generally expected to adhere to visible signage, but the responsibility for clear placement rests with authorities. The appeal further requests the submission of signage plans, maintenance logs, and an on-site inspection.
This case highlights the growing application of AI tools in everyday legal matters, providing individuals with accessible means to understand and challenge legal infractions. The driver has pledged to share updates on the outcome of the appeal, which could set a precedent for AI-assisted legal defense in similar traffic disputes.