A 35-year-old worker from the main valley had to learn the hard way that bicycling is forbidden on the promenade in habfurt. Because on 17. July last year with his mountain bike there almost ran over a female employee of the security guard, the district court in habfurt has sentenced him on friday because of emergency to a fine in the amount of 110 daily rates to 25 euros (2750 euros).
According to the prosecution, the defendant was driving along the promenade at around 5 p.M. On the day of the incident when two security guards got in his way and waved at him to stop. The cyclist, however, disregarded the instructions of the security guard and simply continued, so that it almost came to a collision with a 61-year-old security guard, who only avoided a collision by jumping to the side.
In court, the defendant, who is known to the police, said he did not know that bicycling was prohibited in the promenade. He was also in a hurry because his son was waiting for him at home. He did not recognize the uniform of the security guard, but knew the two guards by sight. He had felt burdened because he was supposed to stop, and so he had simply moved on. "See you in court", the woman had shouted after him, the accused described.
The 61-year-old security guard said on the witness stand that she jumped to the side of the road. "Otherwise he had run me over", she was sure. Only after the near-collision, the defendant slowed down briefly, and then continued to ride, without his personal details being ascertained. However, this was not necessary, as both security guards knew the driver.
The fact that it did not remain with a simple penalty order or a report for a misdemeanor is due to the defendant’s extensive criminal record with 14 entries. A "ride through the penal code", as the prosecutor called it. At the tender age of 16, the 35-year-old’s inglorious criminal career began with a theft. Drug-related offenses, bodily harm and insults followed. In addition, the bicyclist was under ongoing supervision on the day of the crime.
This prompted the prosecuting attorney to request an eight-month prison sentence – without probation. Because the sum of the previous convictions apparently had no positive effect on the accused.
Defense attorney alexander wessel appealed to leave the church in the village. After all, no damage was done. The act was on the lowest edge of violence. In the case of a sentence to imprisonment, the previous custodial sentence was probably revoked and his client had to spend 14 months behind bars – unacceptable for such a "clean bike action", the lawyer argued and therefore demanded a maximum of a preservation sentence or a high fine of 150 daily rates.
Judge ilona conver followed the argumentation of the lawyer and left it at the high fine. However, this was not the end of the story: because the defendant repeatedly interrupted the main hearing with interjections, the presiding judge imposed an additional fine of 50 euros.