1.77 per thousand: Wackersberger sits drunk in the car - and is still acquitted
Created: 2022-10-18 04:52
By: Rudi Stallein
The defendant emptied six bottles of beer in the car.
The beer crate was on the back seat.
© IMAGO / Sven Simon
A Wackersberger had a blood alcohol content of 1.77 when the police discovered him in his car in a parking lot.
Nevertheless, he got his driver's license back from the court - because everything was completely different than expected.
Wackersberg/Wolfratshausen – When two policewomen asked the elderly man out of his car in a parking lot on Kreisstraße Töl 7, he was obviously drunk.
"He slurred and swayed, you could smell the alcohol through your mouth and nose mask," recalls one officer.
The blood test later revealed 1.77 per thousand.
On the back seat is a beer crate with six empty bottles
A look at the back seat of the vehicle answered the question of how the man had drunk this value: six bottles had been emptied from the beer crate standing there, and another bottle was half full in the center console.
Proceedings were then initiated against the 64-year-old for negligent drunk driving and his driver's license was confiscated.
Unjustly, as it turned out several months later in a hearing at the Wolfratshausen district court.
"I had a really good time," says the accused about the argument with his wife
At the time, on New Year's Eve last year, the accused had told the police officers that he had only drunk one wheat beer in a bar in Bad Tölz around noon.
He told the whole story in court.
That day he had trouble with his wife in the morning "about this and that and God and the world," explained the Wackersberger.
"I had a really nice chop." That's why he was happy to be able to go to Tölz.
There he filled up, bought a crate of beer for his daughter and played the lottery.
Then he went to a restaurant.
"I thought I'd find someone to chat with," the man explained.
"But nobody seems to have time for the pub on New Year's Eve."
The thought continued in the parking lot
So he sat alone in front of his wheat beer for an hour and then made his way home.
The landlord of the restaurant confirmed this. But the man did not arrive at home.
He didn't want to go home because of the argument in the morning, but instead stopped in a parking lot.
Because the crate of beer was already there, he "opened half a beer and pondered it further," said the accused.
The trial ends happily for the accused
"Then it was the turn of the next half and another half - and then suddenly the police were standing next to me." They also called his wife to pick up her husband.
"Then the mood was of course even worse," the husband told the court.
"It wasn't funny." Ultimately, however, they pulled themselves together.
"I need them to drive, so you have to stop when the weather is nice." That has now been settled, because the negotiation had a happy ending for the man.
"The accused will be acquitted," announced Judge Helmut Berger, thereby complying with the prosecutor's request.
"His driver's license must be returned to him immediately."
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It could not be proven that the man drove drunk to the parking lot
The reason: It could not be proven that the man drove drunk to the parking lot.
A coroner had calculated that the enjoyment of the wheat beer alone would have resulted in a value well below the permitted 0.5 per mille.
"The high blood alcohol level can be explained by the after drink," says the expert.
"One sits in the car with seven beers down, he must have gotten there somehow," the judge justified the prosecutor's decision to pursue the matter.
He gave the accused the following advice: "You have to tell the whole story - then you don't have to sit around for months without a driver's license." The accused refrained from making claims about his driver's license being secured.
How the wife reacted to the outcome of the case is not known.