Dispute over fine: emergency ride or traffic violation in Witten?
Dispute over fine: emergency ride or traffic violation in Witten?
In Witten, a case of fine ensures controversy that illuminates the limits of the justifying emergency in road traffic. An emergency service employee was on the way to one of her seriously ill patients who suffers from lung cancer and suffered from acute shortness of breath. In this assignment, she survived the speed of eight km/h in a 30 zone and was flashed, which led to a fine of 30 euros. The treating doctor, Matthias Thöns, received a warning for the speed of speed and decided to object.
thöns ’argument was based on a justifying emergency. His company applied to the Ennepe-Ruhr district to reject the fine because the quick help for the patient was considered indispensable. But the district rejected the objection and complained that the employee did not drive quickly enough to actually save the patient effectively. This decision was based on a case law of the Düsseldorf Higher Regional Court, which clarifies the circumstances under which speed overrun can be justified.
legal framework conditions
As the Düsseldorf Higher Regional Court decided in a decision of March 8, 2021, a speed crossing can be justified by an emergency if the quick help is necessary for seriously ill or injured persons. In a similar case, a doctor was convicted too much on a highway because of a speed crossing of 50 km/h, while he transported his pregnant wife in acute danger to life. However, the court decided that the crossing was not appropriate to avert a life risk because it could also have requested the help of an emergency services.
An important criterion for recognizing the emergency is that the person concerned must have exhausted all other options beforehand. It is often argued that independent driving by car is only justified in exceptional circumstances. Fortunately, the case of the doctor Thöns shows a different aspect: The discussion about the interpretation of the emergency regulations is not only in the context of concrete events, but also looks at the social responsibility that is based on medical personnel.
dispute over the roadmap for emergencies
The contradiction between the need for quick help and the existing traffic regulations raises significant legal and ethical questions. Thöns said that the argument of the district implied that his employee "should have driven too quickly" faster "in order to be justified. Such statements illustrate how fragile is the balance in the Road Traffic Act between legal norms and the special requirements of medical emergency care.
The judgment of the Düsseldorf Higher Regional Court reflects the need for a clear understanding of the criteria of the justifying emergency. It remains to be seen what effects this case will have on similar future situations in North Rhine-Westphalia and beyond. The entire debate symbolizes the challenges that medical staff faces if they fight for the well -being of their patients while they are at the same time obliged to provide legal requirements.
In order to learn more about the legal context and the effects of the decisions in such cases, the detailed decisions Burhoff.de and relevant analyzes on DetailsQuellen
Kommentare (0)