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Completely sober at the wheel, negative blood test: Jannis (19) should still pay – or go to jail

2023-04-30T06:56:15.326Z


The blood test confirms it: no alcohol, no drugs, Seehauser Jannis Thude behaved correctly. The 19-year-old should still pay.


The blood test confirms it: no alcohol, no drugs, Seehauser Jannis Thude behaved correctly.

The 19-year-old should still pay.

Seehausen/Innsbruck – Jannis Thude drives a converted VW bus, built in 2009. He likes to wear a hat and has long blond hair underneath.

He describes his choice of clothing as "skate style".

He's young too, 19 years old.

Not that those physical features and his age say anything about his character, that they would suggest that he drinks heavily, likes to smoke a joint, and maybe likes to use any other drugs.

He says he's never done it before.

The Seehauser studied economics at the Leopold-Franzens-University Innsbruck.

Police officers on patrol know nothing about him, only see him.

And with his appearance and his vehicle, he should fall into the "let's check it out" grid.

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Jannis Thude received this penalty order even though his blood test was negative.

© private

Two Tyrolean officials did just that.

On December 19, 2022, a Monday, 12:25 p.m. - that's what it says - a civil patrol stopped him.

Thude already knows that, it didn't bother him.

Driving license with you?

vehicle papers?

Did he drink something?

used drugs?

Yes.

Yes.

No.

No.

What the 19-year-old doesn't know at this point: He will definitely get a penalty.

Even if he didn't do anything wrong.

"Ear yes completely sober in every respect": quick breathalyzer test results in 0.0 per thousand

A quick alcohol test showed 0.0 per thousand.

Thude knew - he hadn't been drinking.

Not even the night before, around 11 p.m. he was in bed.

The officials still allowed him to fulfill a few tasks.

Stand on one leg for 40 seconds, tilt your head back and count to 30 so that it hits 30 seconds as accurately as possible, close your eyes and touch your nose with your fingertips.

If he has fulfilled everything in order, he would say of himself.

The officials were not satisfied.

They wanted to know whether he would agree to a urine test.

No, it got a little too stupid for the young man.

why?

"I was completely sober in every respect." He neither behaved conspicuously during the check nor did he drive conspicuously.

A little later he was sitting in the police station waiting for the medical officer.

He had to leave his VW bus where he had stopped for the inspection: in the private parking lot with the unmistakable warning: Vehicles parked illegally will be towed away at the owner's expense.

Public health officer lets 19-year-olds do exercises: "I don't have the feeling that I failed there"

Thude repeated all the balancing, counting and touching exercises.

"I don't have the feeling that I failed there." The doctor also took blood from him.

Because one thing she had noticed – according to Seehauser, the only one, or at least the only one that had been said to him: his pupils hardly showed a reaction, which is definitely an indication of drug abuse.

"I don't know why," says Thude.

In any case, it couldn't be because of that.

Relaxed, he waited for the result from the laboratory.

Impatient only because he wanted his driver's license back as soon as possible.

A friend parked his VW bus the day after the check.

Someone had kicked in the mirror ("That's what's needed then."), but the vehicle was still there, without a ticket or parking claw.

Thude rode his bike for three weeks, then he got mail.

There was nothing in his blood, no alcohol or any other substance that would have forbidden him from driving.

All values ​​were zero.

According to the letter dated January 9, he can pick up his driver's license.

That was the end of it for the student, not for the police.

The next day the postman rang Thude's doorbell in Innsbruck.

A registered letter from the State Police Headquarters in Tyrol.

A penal order.

Registered letter one day after the negative blood test result: the police imposed a fine of 150 euros

Jannis Michael Thude should pay a fine of 150 euros, optionally march to prison for 2 days and 21 minutes.

The reason: fatigue.

Specifically, the young man was told: "You drove the vehicle although you were not in such a physical and mental condition that you were able to control your vehicle and follow the legal regulations to be observed when driving a vehicle. as you were impaired by fatigue.”

The Seehauser just shakes his head.

"That's ridiculous." He was in great shape that day.

As if the officers just had to find something after they couldn't find anything.

That's how it seems to him.

As expected, the press office of the Tyrolean State Police Directorate does not deal with the matter of Jannis Thude.

On request, it was said that no detailed information could be given on specific cases with possibly ongoing proceedings.

So only the reference to the legal provisions according to § 58 paragraph 1 StVO, the road traffic regulations.

A spokesman quotes from this and reproduces the text that Thude can read in a similar form in his penal order – after all, he is said to have violated it.

Like so many others before him.

19-year-old appeals – penalty increases by 20 percent

In 2022, 340 reports were filed in Tyrol in accordance with § 58 StVO, so according to the officials and medical officers there was an "extraordinary state of excitement/fatigue".

The statistics do not provide concrete figures only on the point of overtiredness, but they do on drugs and alcohol.

In 3863 cases, the Tyrolean police officers found impairment through alcohol and in 601 cases through drugs in road traffic.

Only a fraction were, like Thude allegedly, extremely excited or exhausted.

Over 13 times as many road users drank, smoked pot or took something before getting behind the wheel.

Thude hired a lawyer, not wanting to back down.

After all, he feels 100 percent right.

The Tyrolean police did not accept his first objection - and the penalty increased by ten percent.

Now he has to pay 165 euros.

Thude shakes his head again.

"Just ridiculous." Again he appealed.

He hasn't heard anything for almost two months.

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You can find more current news from the district of Garmisch-Partenkirchen at Merkur.de/Garmisch-Partenkirchen.

Source: merkur

All news articles on 2023-04-30

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