After the divorce drama as a rowdy in court

Created: 05/27/2022, 07:00

By: Hans Moritz

Despite the overtaking ban, the truck driver had passed a Smart on the B15.

That brought him to court (icon image).

© Sabine Hermsdorf-Hiss

It's always human in court.

This is also the case with this trial against a truck driver, who is lucky that (almost) nothing happened.

Dorfen/Erding - That could have been a bad thing: On the afternoon of October 7 last year, a Hungarian truck driver overtook a Smart car on the B 15 between Dorfen and Taufkirchen so ruthlessly that its driver could only move into a parking bay , so as not to be crushed in his small car by the 40-ton truck.

The 47-year-old, who lives in Grassau in Chiemgau, had received a penalty order for endangering road traffic, which would have ruined the man's career because of the permanent driver's license suspension.

That was one reason why judge Andreas Wassermann and prosecutor Dr.

Sandra Strohner at the Erding district court.

The other: The driver has gone through outrageously expensive divorce proceedings, was fired after a bicycle accident with a broken arm and will soon be living on Hartz IV level.

He admitted his reckless and dangerous maneuvers on the B 15 as well as the fact that he had rushed through the 70 km/h zone far too quickly.

However, he emphasized that, contrary to the accusation, he had no oncoming traffic and "only" drove behind another truck and overtook the Smart with it.

He also denied having snapped at the Smart driver that it was his own fault "if he drove so slowly with his kissable ball".

defense attorney dr

Heinz Blachian explained that a conviction was definitely expected.

However, it must be significantly milder.

His client could not afford the fine after a divorce costing 25,000 euros and his recent unemployment.

If his driver's license were withdrawn for a longer period of time, his professional existence would be completely ruined.

Blachian said the accusation of coercion could be dropped, he only recognized negligence when overtaking.

Judges and prosecutors acknowledged the precarious personal situation.

The 47-year-old was finally saved by a change in the law.

Because now, instead of up to three months, it is now also possible to withdraw your driver's license for up to six months without an MPU ("Depperltest").

The objection to the penalty order was then limited to the legal consequences.

Rarely: the public prosecutor and lawyer both demanded a fine of 60 daily rates of 15 euros each, the Hartz IV level, and six months' driver's license suspension.

This was exactly the opinion of Wassermann.

This is legally binding.

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