- law enforcement pursuit: Judgment Reversed by OLG Hamm
Following a 20-minute nocturnal pursuit involving the police in Lippe district back in May 2021, the Higher Regional Court of Hamm (OLG) reversed an earlier judgment from the Detmold Regional Court regarding the driver. A fresh group of judges now needs to reassess the penalty and probation for this case.
The individual, now 35 years old, was operating a van while under the influence of alcohol and drugs near the Teutoburg Forest during the COVID-19 lockdown. A police unit attempted to halt him due to the enforced nighttime lockdown, but he managed to elude them, leading to a high-speed chase spanning several minutes, traversing various roads, locked towns, and even bike and pedestrian lanes. He successfully circumvented two police roadblocks and collided with a deer. Two police vehicles sustained damages.
Two-year, eight-month imprisonment
Initially, the Lemgo District Court handed down a two-year, eight-month incarceration term to the openly confessing defendant, in addition to other charges, for attempted grievous bodily harm, hit-and-run, and attempted resistance against law enforcement. The driver challenged this in the Regional Court, which subsequently reduced the sentence to one year and six months of probation. The Detmold Public Prosecutor's Office then appealed to the OLG.
During the appeals hearing, which the driver chose to skip, the OLG in Hamm pointed out that the Regional Court had mistakenly overlooked confirmed assaults on law enforcement and resistance. The court characterized the chase as a reckless, 20-minute-long escapade, which the Regional Court had not adequately taken into account. The Regional Court is now required to reexamine the penalty and probation, although it cannot surpass the initial two-year, eight-month sentence.
Though probation remains an option, the OLG stated that the Regional Court erred in this decision, considering that the defendant had committed additional offenses. Probation might also be inappropriate if it appears nonsensical to the general public, a situation that might apply in this instance given the defendant's behavior and reckless driving, coupled with resistance against police officers.
In light of the defendant's reckless actions during the high-speed chase, including attempts to evade police and colliding with a deer, the OLG criticized the Regional Court's decision to grant probation, stating that it may be inappropriate and confusing to the public. The driver had initially been pursued in a hunt-like scenario, as they eluded the police in pursuit for 20 minutes.
