Daring overtaking manoeuvre: Porsche driver sentenced to fine and driving ban

Created: 2022-02-11, 2:18 p.m

By: Alexander Kraus

Definitely not a good place to overtake: the accident happened in May 2021 in the long right-hand bend after the Spatzenhauser roundabout.

© Lory

A Porsche driver (36) has to pay a fine of 5400 euros.

He was also sentenced to an eight-month driving ban.

The man had caused an accident while overtaking.

Spatzenhausen/Garmisch-Partenkirchen

– The overtaking maneuver by a Porsche driver on May 18 last year at the Spatzenhauser roundabout was grossly illegal and reckless: Andreas Pfisterer came to this verdict before the district court of Garmisch-Partenkirchen.

The judge has thus confirmed the penalty order imposed in October – a fine of 5,400 euros and a suspension of driver’s license for eight months.

The accused has to pay a fine of 5,400 euros (60 daily rates of 90 euros) for endangering road traffic.

His driving license, which was revoked three months ago, will be banned for a further five months.

"You behaved thoughtlessly in a specific dangerous situation," complained Pfisterer.

As a reminder: On the way to work in the morning, the 36-year-old, who was driving in the direction of Murnau, overtook the car of a woman from Weilheim (54) shortly after the roundabout in a long right-hand bend.

During the process, he skidded with the car, touched the crash barrier of the oncoming lane, touched a truck and threw himself into the ditch.

"I overtook, saw the truck too late, then the accident happened," he said in court.

Pfisterer then accused him of "very downplaying" the process.

Rather, the judge saw it as the suspect starting to overtake at a blind spot, then suddenly spotting the oncoming truck.

"You suddenly pulled to the right because the truck was there, because you wanted to avoid the collision." The vehicles touched,

the Porsche 911 Carrera drove into the ditch and had to be towed away.

Nobody got hurt.

The defendant has already paid for the damage to the truck – around 45,000 euros.

Man: I need a driver's license

He described his dilemma in court.

He urgently needs his driver's license.

As the managing director of a company in Murnau, he would otherwise have to train an employee in sales activities, which he carries out alone.

Because his driver's license was revoked in October, he has already had to hire a driver.

"It costs me half a fortune, 2,500 euros a month," complained the accused, who lives in a village near Weilheim.

For him, the accident and its consequences were “a moderate catastrophe, a great tragedy”.

The question of his defense attorney Dr.

Michael Feistl, whether there was a threat to his existence if he was still not allowed to drive, the accused immediately affirmed.

However, the managing director, who did not have a criminal record, was doomed to find two fine entries from 2020 in the fitness to drive register.

For exceeding the speed limit.

A circumstance that prosecutor Marquardt - she doesn't want to read her first name in the newspaper - rubbed his nose in particular.

"The accused overtook at 140 kilometers per hour without a sufficient view of oncoming traffic and in unfavorable road conditions," she said.

He accepted that the overtaking maneuver would go wrong.

The prosecutor demanded a fine of 8,000 euros and a further five months driving ban.

Feistl, on the other hand, did not consider his client's driving behavior to be reckless.

"You were allowed to overtake," he clarified.

The expert accident analyst Dr.

Professor Jochen Buck confirmed.

It was due to the road that the Porsche driver skidded.

It was "certainly an instant failure" on the part of the accused, the lawyer stated.

"But I can't think of a particularly serious violation of the rules." His client only "stupidly overtook in a stupid place".

Feistl demanded acquittal.

No self-criticism

In the end, Pfisterer remained firm in the verdict, but the fine was below the prosecutor's demand.

“It was an extremely critical situation.

They were very fortunate in misfortune," he said.

The accused could not talk himself out of momentary failure, after all he drives the route every day.

The accused also lacked self-criticism about his driving style.

The scene of the accident is known to Pfisterer.

A hundred meters later, overtaking would have been possible without any problems.

"There is a clear view as far as Spatzenhausen."

Meanwhile, defense counsel Feistl sparked a debate about envy: Would the proceedings have come about like this if it hadn't been "the evil Porsche driver, but if it had been a Skoda driver?".

The defendant took the same line: "If I hadn't driven a Porsche, I wouldn't have been in the newspaper twice." However, he has appealed the verdict.

The criminal proceedings are now entering the next round before the Munich II Regional Court.

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