Citation

Schmid W. Blutalkohol 1999; 36(5): 262-268.

Affiliation

24161 Altenholz, Germany.

Copyright

(Copyright © 1999, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

The resolution passed by the OLG Hamm (Provincial High Court) casts aside too many litigation and material problems in order to discard the alleged 'experience clause' as non existent. However, this does not help at all in the question of intent, not least due to the fact that it totally avoids any confrontation with the OLG Dusseldorf in NZV 1994, 367. The county court, on the other hand brought in a weak verdict both in contents and expression while clearly striving to produce a change of the high court practice. This attempt did, however, end in a complete disservice: whoever takes on such a challenge, should do good, if not exceptional research. This was obviously not the case.