RELATIVE DRIVING INCOMPETENCE FROM A MEDICAL STANDPOINT

RELATIVE FAHRUNTUECHTIGKEIT AUS MEDIZINISCHER SICHT

IT IS GENERALLY UNDERSTOOD THAT RELATIVE INCOMPETENCE TO DRIVE IS TRACED BACK TO THE FAILURE OF THE DRIVER WITH BAC (BLOOD ALCOHOL CONTENT) VALUES OF LESS THAN 1.3 PER THOUSAND. THE CRITERIA OF RELATIVE DRIVING INCOMPETENCE DEPEND UPON THE PERSONAL QUALITIES OF THE DRIVER, HIS BEHAVIOURAL AND DRIVING MANNERS AND UPON EXTERNAL CONDITIONS. AMONGST THE PERSONAL QUALITIES ARE THE DEGREE TO WHICH HE IS ACCUSTOMED TO ALCOHOL, HIS DRIVING PRACTICE AND CERTAIN ILLNESSES OF PARTICULAR IMPORTANCE. THE INVESTIGATION OF HIS BEHAVIOURAL MANNER BEFORE THE OFFENCE SHOULD EXTEND TO HIS DRINKING BEHAVIOUR AND POSSIBLE REACTIONS TO DRUGS. DURING A JOURNEY THE DRIVER CAN ATTRACT ATTENTION THROUGH IMPROPER CONTROL OF HIS VEHICLE AND THROUGH ADVERSE DRIVING BEHAVIOUR IN TRAFFIC. ACCIDENTS OCCURRING BY DEVIATION FROM THE CARRIAGEWAY AND REAR-END COLLISIONS MAY BE SUSPECTED OF BEING INFLUENCED BY ALCOHOL. IN AN EVALUATION OF THE CONDUCT AFTER THE INCIDENT NOTICE SHOULD BE TAKEN OF THE PHYSIOLOGICAL CONDITION AS WELL AS THE SPEECH AND BEHAVIOUR OF THE DEFENDANT. BODILY AGGRESSIVE MANIFESTATIONS ARE PARTICULARLY SIGNIFICANT. THE SIGNS OF INCOMPETENCE TO DRIVE SHOULD ONLY BE JUDGED IN AN OVERALL CONTEXT; THEREFORE IT IS THE DUTY OF THE MEDICAL EXPERT TO INTERPRET THE VALUE OF THE EVIDENCE BUT NOT TO JUDGE IT.

Language

  • German

Media Info

  • Pagination: 241-9
  • Serial:
    • Blutalkohol
    • Volume: 13
    • Issue Number: 4
    • Publisher: Bund gegen Alkohol im Strassenverkehr eV
    • ISSN: 0006-5250

Subject/Index Terms

Filing Info

  • Accession Number: 01304511
  • Record Type: Publication
  • Source Agency: Bundesanstalt für Straßenwesen (BASt)
  • Files: ITRD
  • Created Date: Nov 21 2010 9:58AM