Meissen. It is around noon at the end of July last year when a 56-year-old man from Dresden parks his car in the parking lot of a discounter in Radebeul. Two women notice that the man obviously needs help. You rush to him, but he does not want to be helped.
The health problems probably have one reason above all else. In any case, the two women smell strong alcohol. The man is apparently quite drunk. They want to prevent him from driving off, so they bring an 18-year-old employee of the discounter who is taking a break. “We wanted to prevent the man from driving out onto the street, having an accident and thereby endangering others,” says the young man. Because the front of the Audi is against a fence, it can only be driven away in reverse. “To prevent that, I got behind the car,” says the 18-year-old.
But then something unexpected happens. The driver simply reverses, catches the young man, injures him, luckily not too badly because he can still jump away. Nevertheless, he suffers a ligament stretch and is unable to work for two days.
Blood test results in 1.73 per mille
The police called in takes the driver to the hospital to have his blood drawn. This shows that half an hour after the incident he had 1.73 per mille of alcohol in his blood.
Now the 56-year-old is sitting in front of the Meißen district court because of endangering road traffic and negligent bodily harm. Leaning on two walking frames, the defendant, accompanied by his defense counsel, enters the courtroom. It has nothing to do with the incident because he was not physically injured in the process. His knee problems are not due to this thing.
However, since that day he has been on sick leave due to mental problems. This is also what the defense attorney aims to achieve, to have the proceedings due to “minor guilt” stopped in exchange for a monetary requirement. This would have the advantage for his client that he would avoid a driver’s license being withdrawn. But that’s not legally possible here. Because with alcohol driving with more than 1.1 per thousand, which counts as absolute driving incapacity, withdrawal of the driving license and confiscation of the driving license are mandatory.
After a legal discussion, the defense counsel then also limits his objection to the penalty order to the legal consequences, other than the amount of the penalty pronounced in the penalty order. The matter will then no longer be negotiated. The witnesses, including police from Meißen and Dresden and the injured party, are not heard. He is very sorry for the matter, it happened because of an emotional background, says the defendant.
That will be really expensive
The judge sentenced him to a fine of 1,800 euros, taking into account that he still had to pay 9,000 euros in residual debt for his car, which he wrecked at the time. She sees the man as unsuitable for driving a car in traffic. Therefore, the driver’s license is withdrawn and the driver’s license withdrawn.
He’ll get it back in six months at the earliest. Before that, however, he has to go to the “idiot test”, which is ordered when driving with more than 1.6 per thousand, because then there is a high probability of chronic alcohol abuse.
So the Chose becomes even more expensive for him, because he also has to bear the court costs. This also includes the cost of the witnesses. The injured party alone traveled around 100 kilometers from Brandenburg.
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