District court sentences tanker truck driver to a hefty fine for drunk driving

District court sentences tanker truck driver to a hefty fine for drunk driving

For drunk driving, the habfurt district court on wednesday sentenced a 50-year-old truck driver to a fine of 50 days at 40 euros, or 2,000 euros. In addition, the court imposed a six-month ban on driving.

According to the indictment, the defendant was driving on 26. March last year at around 6.39 o’clock in the morning on the maintal freeway in the direction of schweinfurt. He drove off the road, hit the crash barrier with his empty tanker and shortly afterwards parked in the "steinsacker" parking lot (theres) from where he informed the police about the accident. When the officers of the werneck traffic police arrived, they found the driver asleep at the wheel of his vehicle. Because they detected an odor of alcohol, they ordered a blood test, which revealed an alcohol level of 1.39 per mille in the driver’s blood.

As a result, the 50-year-old received an order to pay the fine, against which he appealed; he therefore had to sit in the dock of the municipal court for the first time in his life. There he made a statement that judge ilona conver later described as "implausible" and "unbelievable classified. At the time, he was forced off the road by a truck with bulgarian license plates, causing him to hit the guard rail, the defendant said on the record. From the parking lot, he understood the police and drank three bottles of bock beer because he was excited. He had finished work and had wanted to sleep in his car before driving home to his employer in wurzburg. The night before he had not drunk any alcohol, he affirmed to the court. He got rid of his driver’s license for three weeks. His employer had then dismissed him without notice.

According to an investigating traffic police officer, the defendant’s statements do not match the damage to the tanker truck. In the event of a collision with another vehicle, the defendant had to brake abruptly and pull to the right, so that a more violent impact with the crash barrier had to occur. However, the tanker truck had drifted only very slowly to the right and there had been only a slight jolt, which allowed the conclusion that the defendant had fallen asleep.

The prosecutor did not go along with a plea bargain proposed by the defense attorney. Driving around drunk in a hazardous materials truck is not a trivial offense, after all, the prosecutor argued. There was no reasonable doubt that the defendant was driving drunk. Since he couldn’t show up drunk at his employer’s with the damaged truck, he made up the story to distract from his own misconduct, he says. The prosecutor went beyond the demand in the criminal warrant and requested a fine of 50 daily sentences at 40 euros as well as an eight-month driving ban.

An acquittal requested by the defender. No one is "that blod, to call the police knowing that a drunk driving case is in the offing. "Who is so blod to deliver himself to the knife?", he asked rhetorically. That his client, who has neither a criminal record nor a point in flensburg, was driving drunk was pure speculation. The defendant has already been punished enough by his loss of job. He now earns 800 euros a month less than before as a truck driver.

The presiding judge followed the prosecutor’s argumentation. A second drink is unbelievable. "Why would a nuchterner truck driver drink alcohol, knowing that a police patrol is about to arrive?", asked judge ilona conver during the sentencing hearing. The verdict is not yet legally binding.

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