OLG Hamm: Without exception, punishment can even increase
Weakness of the bladder and a strong urge to urinate can justify exceeding the maximum speed limit when driving. However, this only applies in real exceptional cases, as the Higher Regional Court (OLG) Hamm clarified in a decision announced on Friday, October 3, 2017 (Az .: 4 RBs 326/17). After that, however, it can also increase the punishment if a driver starts or continues a journey, even though he will soon no longer be able to concentrate on driving due to strong urge to urinate.
In the event of a dispute, a 61-year-old man from Paderborn drove 29 km too fast on a federal road outside of the city. The fine authorities imposed a fine of 80 euros and - because it was a repetition - a one-month driving ban.
Against this, the man claimed before the district court Paderborn that he had undergone an operation on the prostate and has only had limited continence since then. On the trip, he felt a strong and painful urge to urinate. He was therefore focused on finding a place as quickly as possible where he could "drive right".
The OLG Hamm now emphasized that, according to recognized case law, the "very strong urge to relieve the need" caused by a particular physical disposition of the person concerned can justify the waiver of a driving ban in exceptional cases. However, the mere reference to corresponding physical restrictions is not enough. These are "not a license for behavior contrary to duty". Rather, drivers would have to adapt to such weaknesses and take enough time, for example, to visit a toilet early on. Only unpredictable exceptional situations could then lead to judicial grace in the driving ban.
As a consequence of this case law, the reference to an operation-related bladder weakness can also have a negative effect. After all, if you can't manage a trip from the outset due to physical limitations, you can't even get behind the wheel afterwards. In any case, the level of a breach of duty can increase if a driver continues a journey, although he can no longer pay attention to traffic rules such as the top speed due to excruciating urge to urinate, according to the OLG Hamm.
Following this decision of October 10, 2017, the Paderborn district court must now re-examine the 61-year-old's fine and driver's license withdrawal. mwo / fle