Ruling: No new journey begins after briefly getting out of the car while driving drunk
The woman from North Rhine-Westphalia had driven to the shops in April 2015 with 0.68 per mille alcohol in her blood. While pulling out of the supermarket parking lot, she hit another parked car. She got out, looked at the damage and drove on. As a result, she was sentenced to a fine and her driving license was revoked.
Almost three years later, she applied to the district of Viersen for a new license. The district demanded a medical-psychological report because she had committed several driving offenses under the influence of alcohol. She had got out of the car in between, which is why these were two separate journeys.
The woman appealed against this decision in court and was successful before the Münster Higher Administrative Court. The court ruled that getting off was only a brief interruption to a single journey. The Federal Administrative Court has now confirmed this decision.
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- Despite the ruling, the woman was still barred from driving due to the 'drink driving' incident, as her license was not reissued immediately following the court's decision.
- The 'Judgment:' stated that the woman's behavior of getting out of the car and looking at the damage before driving on could be considered a brief interruption to a single journey.
- In the 'New' application process, the district demanded a detailed medical-psychological report due to the 'Driving offenses' she had previously committed under the influence of alcohol.
- The woman argued in court that she had only temporarily 'got out' of the car, which she believed should not classify it as a separate journey.
- While appearing in court, she argued that the 'short' interval between leaving the car and continuing her drive should not constitute a separate journey under the law.
- The woman went on a shopping trip in April 2015, with a 'begins' blood alcohol content of 0.68 per mille, which resulted in her hitting a parked car later.
- Her legal team presented evidence in the appeal, focusing on the 'drunk driving' incident and the nature of her temporary 'get out' from the vehicle.
- As a consequence of the 'car' collision, the woman was penalized with a fine and her 'Driver's license' was suspended indefinitely.
Source: www.stern.de
