Trial in Feldkirch

“Not the brightest candles on the Christmas tree”

The defendant had large gaps in his memory.

(Bild: Dorn Chantall)

A traffic accident under the influence of alcohol led to a court case for a driver from Vorarlberg on Thursday. There were also a few comedic interludes during the trial.  

It was Sunday, September 29th, when the drunk driver got into his car late in the afternoon after a DIY lesson to drive to Batschuns with his uncle. On the winding Laternser road, the drunk driver loses control of his car - it hits a tree stump, overturns and ends up on its roof. A driver following behind provides first aid and pulls the two casualties out of the vehicle. When the police arrive, the slightly injured driver refuses to take a breathalyzer test, but because of the unmistakable "flag", his license is immediately revoked. A later blood test at the hospital shows almost three per mille! "That was the stupidest thing I've ever done in my life," said the 39-year-old at the trial. Although he can no longer remember how the accident happened, he insists that he was not responsible for his uncle's broken lumbar vertebrae. He had been suffering from osteoporosis for years. This was also confirmed by the uncle, who was called as a witness and initially stated that he had not noticed that his nephew was drunk. "I only said to him during the journey that he was driving fast."

Public prosecutor Richard Gschwenter asked for time to think.

(Bild: Chantal Dorn)

"Not the brightest candles on the Christmas tree"
When asked by public prosecutor Richard Gschwenter why he had stated on the record during police questioning that he had suffered from pain for four weeks due to a transverse fracture of the second and third lumbar vertebrae, the pensioner claimed that he may have been misunderstood by the officer. Following a threat by the public prosecutor to also charge the witness in the event of false testimony, the defendant's lawyer takes the witness, whom he knows well in private, to task again. "Dear court, I have known both of them for a very long time now and just want to say that these gentlemen are not the brightest candles on the Christmas tree," the lawyer points out after a short break in the proceedings. However, there can be no question of malice or intent on either of their parts.

Judgment not yet final
Because the court is unable to clarify whether the victim's injuries were actually caused by the accident, the trial ends with a guilty verdict for negligent bodily harm and a fine of 1050 euros for the drunk driver. The public prosecutor asked for time to reflect. The verdict is therefore not yet final.