The accused openly admits that he behaved incorrectly in August a year ago. At that time, the 31-year-old was employed as a courier driver and had work to do in Ebersberg. In doing so, he not only removed a package but also knocked over a bollard and then drove away. Which is why he received a penalty order of 60 daily rates of 40 euros each and had to give up his driver’s license. On the other hand, the 31-year-old has lodged an objection, which is why the case has now been heard at the district court.
The alleged damage was set too high
The reason for the objection, the defense attorney explained, was that the damage was far too high. So there is talk of the accused not only driving over a bollard – worth a low three-digit amount – but also a light stele behind it. Which is why the city of Ebersberg has already sent him an invoice for almost 7,000 euros. According to the lawyer, this was clearly too much, his client admitted to having damaged the bollard, but not the expensive lantern.
According to the testimony of a witness, this version seems at least possible. He explained that he had not seen the collision himself, but only heard a loud bang. When he looked out the window in his direction, there was a pickup truck parked in front of a fallen bollard. But still a long way from the lamp. According to the witness, he could not see any damage to it, at least from his point of view. The driver of the transporter then set up the bollard, which had apparently broken off at the bottom – but rather crookedly. After his delivery, the accused then drove on.
A little later someone from the city came and inspected the bollard. The witness gave the city employee his card with the information that he had observed the accident and noted the license plate number of the vehicle. The bollard was repaired a few days later, the witness continued, but he did not see the work being done on it and therefore cannot say whether anything was done to the lamp either.
The roundabout guard can be happy
“It’s getting more and more puzzling,” commented the presiding judge Vera Hörauf on the testimony. Because the invoice for the repair, including the lamp, is dated November – a good three months after the point in time for which the witness confirmed that the bollard had been repaired. Of course, one could now invite an expert, as well as the responsible city employees, the judge continued. Or, if the public prosecutor agrees, drop the matter for a fee.
The defender also campaigned for this. His client has already been punished enough by having his driver’s license revoked. So he had to look for a new job. A payment of money is acceptable, but the accused should get his driver’s license back. The prosecution agreed, against a payment of 200 euros to the roundabout guard, the proceedings were dropped and the driver’s license was returned. However, the civil law side is still open: the invoice from the city of Ebersberg for the repair of a light column – who really knocked it over remains unclear.