Existe el debido proceso en las contravenciones por exceso de velocidad en el Ecuador.

Abstract

The purpose of placing technological devices and equipment within the streets of cities or highways, which make up the Ecuadorian territory, is carried out in order to detect offenders of crimes and flagrant violations in traffic matters, seeking to safeguard integrity of people and eradicate traffic accidents due to speeding. The detection of traffic infractions carried out by means of photo radars technological devices and equipment, lead to the control of the commission of a traffic violation as stated in the Comprehensive Organic Criminal Code (COIP), which establishes who exceeds the speed limits outside of the moderate range will be sanctioned with imprisonment, pecuniary penalty, and in the case of those who exceed the speed limits allowed within the moderate range, a pecuniary fine will be applied in accordance with the corresponding traffic regulations. Therefore, the present research work is developed to carry out an analysis of whether there is adequate information that allows the driver to know the speed limit on the roads or highways at the national level, added to the fact that in some cases where they are carried out and to the judicial processes on this issue, the test is assessed or not correctly, added to the late traffic notifications, or to the lack of maintenance of the technological equipment that, as it is not properly approved and calibrated, does not guarantee its correct functionality, use and application . The objective of this investigation and analysis is to be able to serve as a reference on the subject, which despite being daily, has not been given a legal analysis to validate due process for the alleged offender.