The Swiss was in September of 2017, shortly before midnight, with the 300-HP cars of his father on the Zürcherstrasse in Winterthur on-the-go. On the parallel to the motorway in the direction of Zurich, extending the road is signaled to the entrance on the highway at 60.
The 20-Year-old, with the driver’s license to sample on the go, accelerated, within a few Hundred meters continuously at up to 148 kilometers per hour. Only on the highway, he slowed the vehicle to the allowed 120 kilometers per hour.
police
What he didn’t realize at the time of his speeder ride filmed: A police vehicle was behind him, drove, and had recorded the whole event on Video. By using the local street lamps it was not possible to the specialist to determine in the different phases of driven speeds so precise that even the defense came to the idea of this tangible evidence, to doubt.
defender Thomas Fingerhuth but another idea had: He best, that his client had willfully violated the elementary rules of the road and by the complete disregard of maximum speed, the high risk of an accident with serious injuries or fatalities.
So the Crime is grass in the road traffic act described. And this law will be applied “in every case”, if the car driver is driving at least 120 kilometers per hour instead of the allowed 60. The young man had crossed the last 68 meters, the maximum speed even by a whopping 88 kilometers per hour.
“Only” is a serious risk for the security?
The intention of the defender, it was clear that convicted his client because of a lawn, is the minimum custodial sentence of twelve months and the licence is for a minimum of two years in a drawer at the road traffic office. In contrast, the minimum penalty of one year in prison then, if by a gross violation of traffic rules, “only” a serious danger to the safety of others was caused. Therefore, the defender requested a conditional fine of 100 daily rates of 50 francs.
What seems to be in view of the clear legal situation, a hopeless attempt by the defender, is not it a second look. Because the Federal court has opened its case-law on the racer event “a small room”, as self-Prosecutor Matthias Hugelshofer admitted in court.
“you have the high risks of an accident, clearly.”Andreas Oehler, President of the court
so Far, it was clear: anyone Who exceeds the speed as strong as it is in the law, creates a high risk for an accident with serious consequences. Thus, says the Federal court, now, handle it only a “guess”. And this could be disproved, unless “extraordinary circumstances”.
These circumstances were met here, the defence lawyer argued. His client had driven a race or too reckless Overtaking. He had simply “accelerated on the way to the highway just to fast”. Also, there were no particularly obvious danger that people could come to harm: The road there have no oncoming traffic, no sidewalk and no crosswalk.
The district court saw this differently. It condemned the man because of lawn to a conditional sentence of imprisonment of three to ten months. “You have taken the high risk is quite clear,” said court President Andreas Oehler. Who pressed on a relatively short route so strongly on the Gas pressure going into the seat. By then, a glance at the speedometer would have shown the driver how fast he was traveling. He himself had said, he did not look at the speedometer, because he “was not very focused”.
law is announced to be changed
defender Fingerhuth after the judgment opening to pull the case to the Supreme court. Even if this does not follow the arguments of the defender, could be the thing for the 20-Year-old better. In Bern, the National Council and Council of States have transferred with the blessing of the Federal Council, a Motion, in accordance with the Minimum imprisonment of one year as deleted, such as the automatic withdrawal of the driving licence for two years.
the question is just whether the law is passed before the young man must appear before the Supreme court. (Tages-Anzeiger)
Created: 01.02.2019, 08:57 PM
