Friday, April 8, 2011

Rating: No ban for life hazard

A letter from the employer with a threat of termination may be sufficient to spare the victim a threatening signs. Thus, according to the ADAC, now currently held by the Higher Regional Court Bamberg (3 Ss OWi 2 / 2011 dated 26/01/2011). In the present case, the sales representative of a farm equipment company, at a speed of 104 km / h was insufficient safety distance of less than 3 / 10 of half the speedometer reading for the vehicle in front was observed.

The district court then sentenced him to a fine of 240 euros and one month driving ban, as provided in Fines for the rule. To avert the ban, the lawyer had presented the person concerned an employer letter stating that threatened its employees notice if he could go longer than one month.

The district court considered this letter alone is not sufficient. The Higher Regional Court Bamberg took a different view, stressing that employers can always write alone sufficient to prove an existence at risk. If the district court would have had doubts about the credibility of the certificate, it would also personally invite the employer as a witness and have to ask.

Therefore, the case for a new decision was remanded to the district court.

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