Mirror clap with consequences
If you’re not sure whether you might have hit another car with your own vehicle, you’d be well advised to stop, get out and make sure nothing has happened. Finally, even minor jostling is considered an accident under traffic law. Because a defendant, a master mechanic (50), ignored precisely this duty of care while driving through a town, district court judge ilona conver spoke of "conditional intent." For this offense, the man, who has no criminal record, will be asked to pay a fine of 300 euros.
The mishap happened in the northern habberge district. According to his own statements, the defendant drove on 27. August 2018 shortly before noon, he was driving his van along a local road at about 40 kilometers per hour. When he heard a loud noise, he could not make sense of it at first. At this point, he even considered the possibility that he had hit a dog. At a traffic circle, he finally turned around and steered his car back to the place where he had heard the bang.
When he returned to the scene, he saw a parked car on the side of the road, but did not notice anything else. So he drove slowly past without stopping. He suspected that the cause of the bang was that some tools or metal pipes had fallen over in his almost 20-year-old van. Later he inspected his own vehicle more closely. In the process, he noticed scratches on the right wing mirror. In the courtroom, he claimed that the damage had been caused by the previous owner.
Two passers-by, who were invited as eyewitnesses, had also heard the impact. They quickly realized that it had come to a so-called "mirror slap had come. The passing van had crashed with its right wing mirror against the mirror on the driver’s side of a parked car. Its owner was a craftsman who was laying a floor on the spot. The passengers told him about their observations.
Since the vehicle of the person who caused the accident was known in the village due to the advertising inscriptions, the injured party tried to reach the defendant by telephone. When he failed to do so, he informed the police. The officers appeared promptly first at the scene of the accident and shortly afterwards at the defendant’s home and documented the damage.
On the day of the accident, the accused contacted the floor layer and asked him to bring the damaged car to his workshop. The fact that he wanted to repair the damage as quickly as possible and thus make the whole thing go away also indicates that he did not rule out having caused the mishap. In the witness stand, the victim confirmed that his car had been repaired professionally within two days.
The last doubts about the accident were removed by an expert witness from bayreuth. The engineer emphasized in his report that the damage to both vehicles was "compatible" were a good match for each other. He estimated the damage to property at about 250 euros.
For the unauthorized departure from the scene of the accident, as it is called in legalese, ilker ozalp demanded a fine of 600 euros for the defendant on behalf of the public prosecutor’s office. The defender brigitte drews spoke of a "minor accident" and pleaded for acquittal. His last word was used by the car master to assure once again that he really had not noticed the stampede.
The fine imposed by the court is 15 daily rates of 20 euros each, i.E. 300 euros. In her explanation of the verdict, she explained what is meant by a "conditional sentence" under german law understands. The convicted man, she said, had at least considered it possible that he had made a mistake. That is why he went back. But there he had to stop and make sure, she said; just driving on was not a good idea. It remained open whether the defense would accept the judge’s verdict or appeal it.
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