Bladder weakness can only save driver's license in exceptional cases

Higher Regional Court Hamm: Without exception, punishment can even exacerbate
Bladder weakness and a strong urge to urinate can justify exceeding the maximum speed limit while driving. However, this only applies in very exceptional cases, as the Higher Regional Court (OLG) Hamm in a decision announced on Friday, October 3, 2017, clarified (Az .: 4 RBs 326/17). After that, it can also exacerbate the punishment, if a motorist starts or continues a journey, even if he can no longer focus on driving because of a strong urge to urinate soon.

Heat has a beneficial effect on cystitis. (Image: absolutimages / fotolia.com)

In the case of dispute, a 61-year-old man from Paderborn had traveled 29 kilometers too fast on a main road. The fine authorities imposed a fine of 80 euros and, because it was a repetition, a one-month ban on driving.

Against this the man before the district court Paderborn claimed that he had been operated on the prostate and since then has only a limited continence. On the way he felt a strong and painful urination. Therefore, he had been focused on finding a job as quickly as possible, where he could "drive to the right".

The Higher Regional Court of Hamm emphasized that, according to recognized case-law, the "very strong urge to perform the necessities" due to a special physical disposition of the person concerned can justify the waiver of a driving ban in exceptional cases. But the mere reference to appropriate physical limitations is not enough. These are "not a license for improper conduct". Rather, motorists would have to adjust to such weaknesses and, for example, take enough time and early to visit a toilet. Only unpredictable exceptional situations could then lead to judicial mercy in the driving ban.

As a consequence of this case-law, the indication may also have an adverse effect on an operation-related bladder weakness. After all, those who can not cope with a ride from the outset due to physical limitations must not take the wheel afterwards. In any case, the measure of a breach of duty can increase even if a motorist continues a journey, although he can no longer pay attention to traffic rules as here the maximum speed because of agonizing urinary urgency, the OLG Hamm.

After this decision of 10 October 2017, the District Court of Paderborn now has to re-examine the fines and driving license withdrawal of the 61-year-old. mwo / fle