Graz driver drives at jogger – diversion agreed after months of hesitation
A 62-year-old Graz resident accepted a diversion after lengthy resistance following an incident in July in which he caused a runner to fall. He paid a 2,500-euro fine immediately in cash.
Graz: driver causes jogger to fall – agreement reached only after months
According to the Kleine Zeitung, in July a 62-year-old Graz resident was at the centre of an incident on a public street in Graz: he allegedly drove his car at a jogger who had previously signalled to him by gestures to drive more slowly. The runner swerved, fell in doing so and sustained abrasions.
Before judge Rom, the previously unblemished driver initially showed little willingness to cooperate. "I am not guilty," he declared at the beginning of the hearing. The court had offered him a diversion – an option to end proceedings without a verdict if the defendant accepts responsibility and pays a fine. However, the driver was reluctant.
According to his own account, he may have glanced briefly in the rear-view mirror while overtaking a cyclist and in doing so unconsciously steered towards the jogger. "A normal driving manoeuvre, no intention," he emphasised. His lawyer concurred with this assessment: the driving manoeuvre itself was not disputed, but there was no intent.
The cyclist who had been overtaken described the incident quite differently. He spoke of a "deliberate movement towards the runner" and explained that he had been "somewhat flabbergasted". At racing speed, he drove after the vehicle and photographed it with his mobile phone – one image was sharp enough to enable a detailed police report.
The victim himself had given a statement to police consistent with the cyclist, but is currently abroad. Had proceedings continued, the court would have had to summon him.
"It has been weighing on me for months, I want to get rid of it," said the defendant during the hearing – sending mixed signals. The pressure of the ongoing proceedings eventually became too much for him. After consultation with his lawyer, he stated: "I am sorry that I made a possibly unfortunate driving manoeuvre and I take responsibility for it."
The court accepted the statement. The diversion involves a fine of 2,500 euros plus court costs. The defendant insisted on paying the amount immediately and in cash – no instalment payments. "See you again, it's done." – "Many thanks," concluded judge Rom, closing the hearing.
Source: Kleine Zeitung