38-year-old acquitted, despite threat and alcohol drive


A 38-year-old man from the district of Wrzburg had to answer at the district court in Wertheim for driving under the influence of alcohol, 1.79 per thousand, as well as for resistance to two police officers and the threat of a baseball bat. The deeds took place in July 2018 in the Molkereiweg in Klsheim.

At the trial in February 2019, the court approved the defense attorney’s request to obtain a medical opinion on the client’s culpability. When the result was available, the public prosecutor requested an opinion on the question of accommodation in a psychiatric hospital or in a detention center.

Reality reference at that time “dermaen restricted” accommodation not necessary today

The second appointment was only now due to expert reports and the corona crisis. A specialist in psychiatry from Heidelberg stated that the offenses had been so severely restricted by alcohol and psychotic symptoms (PS) that the defendant’s “relational reality” had been reduced. Accommodation is not required at this time. The court acquitted the accused in accordance with the prosecutor and defense lawyer.

The unmarried man, who lives with his parents in the Bavarian Taubertal, had noticed a local policeman at 11:30 a.m. in Klsheim because of fast driving, and he informed the colleagues in Wertheim. Two officers got out of the patrol car 40 meters behind the accused’s car, and the accused also left his car.

He got a baseball bat out of the trunk and ran closer to the policemen despite warnings. They used pepper spray and pushed the man to the ground to handcuff him. He squirmed very hard and kicked his feet.

Severe signs of failure cannot be explained by alcohol

In the doctor’s report when taking blood, it was said that the severe symptoms of failure “cannot be explained” by the degree of alcoholization. The patient said he had smoked a joint the night before. His driver’s license was confiscated in August 2018. The driving license office of the district of Wrzburg wants to wait for the outcome of this procedure on the question of the withdrawal of the license, the court said.

The industrial clerk apologized for the “one-time incident” and needed the driver’s license to get to work. Every week he takes part in the meetings of a self-help group in Ochsenfurt.

The specialist spoke of a “small case with difficult diagnostics”. There has been a gradual alcohol dependency since 2015, and there has also been plant-related PS in the form of profound disturbances in perception of reality, such as honorary votes. PS can turn into schizophrenia, so the expert believes it is advisable to have a biannual examination. The alcoholic disease is currently in an inactive state.

Facts fulfilled, but not guilty

For the prosecutor, the facts were fulfilled, there was also illegality. Alcohol and horsepower lack the guilt. The judge was able to benefit from the spectacular case because it led to medical treatment. But if something like this happens again, the accused must expect to be accommodated.

  • Wertheim

  • Alfons Gpfert

  • alcohol

  • Wertheim District Court

  • accused

  • Withdrawal clinics

  • Hospitals and clinics

  • Police officers

  • psychiatry

  • Psychiatric clinics

  • Judge (profession)

  • Public prosecutor

  • Prosecutors

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