A 29-year-old man from the habberge district had a good chance of being chosen as the defendant of the month. Neatly dressed in a woman's shirt, he sat dutifully next to his lawyer in the dock of the district court in habfurt. He spoke in clear high german, his language was polished, his tone courteous. In short: he left a good impression – until the time when the presiding judge, ilona conver, read out the contents of his federal central register extract. Seven previous convictions adorned his record, all of them for crimes against property such as fraud, embezzlement, theft or forgery of documents.
At the new criminal trial, one entry was added to his record. The local court sentenced the defendant to a hefty fine of 100 days at 45 euros each (4500 euros) for drunk driving plus a six-month driving ban.
With the offense, the convicted man enters new territory. On 18. December of last year he was driving his car at midnight with a blood alcohol level of 1.85. He wanted to withdraw money from the bank branch 800 meters from his home. But he never got around to it. A police patrol stopped the later defendant.
One of the two police officers involved was able to remember the traffic control very well when he stood as a witness. There were no driving violations, the official said about the driver. The accused was cooperative and courteous. The language is only "minimal washed out and only a slight smell of alcohol was perceptible. He and his colleagues were all the more surprised by the high level of alcohol in his breath, which is why a blood sample was taken immediately to confirm the value.
As "unspeakably stupid" the defendant called his lapse. He had previously gone to a friend's house in erlangen to "drink to pleasure" because his relationship with a woman had failed. Afterwards he had drunk something at a christmas market in the main valley. The police car was the only vehicle he encountered in the dark night.
According to the medical report, the defendant's gait was safe despite a blood alcohol level of 1.85, his pupils were normal, and his perception was clear. "Better than me nuchtern", remarked defender alexander wessel, who was responsible for the "snap idea" of his client a fine in the amount of 90 daily sentences of 50 euros (4500 euros) considered sufficient.
Not so the prosecutor. He saw in the accused either a professional drinker or a medical miracle, both of which the 29-year-old denied. The accused was at the time of the crime twice under open custody. Therefore, a prison sentence is in the offing, threatened the prosecutor. Then also the two custodial sentences were revoked, so that the promille driver was threatened with two years in jail. However, the prosecutor considered this to be exaggerated. He demanded a fine of 6000 euros.
Did he learn anything?
In his last word, the defendant was hard on himself. He had already lost a friend to a drunken drive, he said. Has he learned from this?