It’s not uncommon for people to fail to apply the handbrake firmly enough when parking, causing the car to move on its own and hit something. What you can’t do in a situation like this is simply run away. Because that’s what the lawyers consider an unauthorized departure from the scene of an accident, in other words: a hit-and-run. A 53-year-old trader received a painful fine of 1,800 euros and a one-month driving ban for his actions in a criminal case at the habfurt municipal court.
The man suffered the mishap on 25. May this year shortly after eleven o’clock. At that time, he was serving his weekly route in the northern area of the habberge with his food vending cart. When he noticed that his parked vehicle began to roll on the slippery road in a town, he sprinted to the driver’s house as fast as he could. He didn’t make it in time, however, and the unfolded sidewall scraped two to three meters along the side of a house before becoming wedged in place.
After the mishap, the 53-year-old got out, looked at the damage done and went around the corner to the house to ring the bell. But no one was present and on the property itself there was a crude sign: "for sale." According to his account, there was no one on or near the street whom he could have approached. And so he stuck his business card on the doorbell.
Thereupon he got behind the wheel and continued his tour, because he did not want to risk damaging his fresh goods.
He was already feeling a bit queasy – and rightly so, because the way he acted was not in order. He had behaved correctly by informing the police and waiting until they arrived on the scene. "In hindsight you are always smarter", said the accused to this reproach.
Although he himself claims not to have seen anyone, he was accidentally observed by a passerby standing about a hundred meters away. Although the latter did not take note of the vehicle’s license plate number, he phoned the owner of the house he knew after the incident. And he filed a complaint with the police for damage to property.
Andre kamphausen, defending the person who caused the accident, pointed out that his client had called his insurance company the same evening and reported the damage. In the meantime, the damage to the wall of the house, amounting to almost 3,000 euros, was also covered by the same insurance company. In this respect, as it turned out, full reparation has been made. Although this is considered a mitigating circumstance by the lawyers, it does not undo the hit-and-run that was committed.
Since the facts of the case were not in dispute, the trial was primarily about the penalty. And in such cases, that usually consists of a fine combined with a driving ban. In this context, the defendant submitted a letter from his wife, who runs the family business together with him. In it, the company boss describes how a months-long driving ban for her husband threatened the existence of the company.
A representative of the public prosecutor’s office requested a fine of 1000 euros and a three-month driving ban. The defense pleaded to reduce the duration of the driving ban as far as possible. This request was met by the verdict of district court judge ilona conver, which is not yet legally binding, but in return she increased the fine to 1800 euros.