After a turbulent drive, the police met a Eurasburger in front of his house - next to him were two empty and one drunk bottles of beer.
His explanation is not convincing in court.
Eurasburg / Wolfratshausen - On September 25th last year, a car lurched on Königsdorfer Strasse in Wolfratshausen.
A little later the vehicle headed for a traffic island on Pfaffenrieder Strasse before it rolled into the roundabout and another car took the right of way.
This was reported by a witness from the Wolfratshausen police shortly after 8 p.m.
When a patrol arrived at the home address of the vehicle owner in Eurasburg half an hour later, he was sitting on the stairs in front of the house - two empty and one half-full bottles of beer next to him.
An alcohol test showed a value of 1.55 per mille.
Now the Eurasburger (30) had to answer for negligent drunkenness in court.
There the auditor made a so-called aftertaste responsible for the high alcohol level.
He had not consumed any alcohol at all throughout the day.
At 8 p.m. he drove to the gas station in Wolfratshausen to buy cigarettes.
He was back home around 8:10 p.m.
There he drank five or six beers and around 350 milliliters of vodka during a phone call with his mother.
The Eurasburger justified this with concern for his sick father.
The petrol station's surveillance cameras captured the process from three different perspectives.
The videos showed that the man had paid for two bottles of beer.
There was no sign of cigarettes.
But you could clearly see how the Mercedes drifted into the B11.
The further journey described again the witness who had followed the Mercedes a little on Pfaffenrieder Strasse before he had informed the police.
An expert stated that the information given by the accused in the hearing about drinking behavior was "implausible".
Then the blood sample should have shown more than 3.3 per mille.
Assuming that the man had actually consumed three bottles of beer in the remaining half an hour before the police arrived, 0.66 per mille remained at the time of the crime.
So his client was in the area of a "relative driving incapacity," said the defense attorney.
The alleged dangling could also have other causes, such as telephoning.
Thus one moves within the framework of an administrative offense.
The court saw it differently.
In the “overall view” there was “undoubtedly an alcohol-related inability to drive, which cannot be treated as an administrative offense,” emphasized Judge Helmut Berger in his judgment.
The court sentenced the Eurasburger to a fine of 90 daily rates of 45 euros each, a total of 4050 euros.
In addition, the man may not be issued a new driver's license before nine months have passed.
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