Wanted by the authorities: Police are in pursuit of an evading suspect.

In a recent development, the Higher Regional Court (OLG) Hamm has re-examined a high-speed chase case that took place in the city center. The case was sent back for review to examine possible liability for endangering traffic.

The incident began when a police patrol signaled a driver to stop, who upon being signaled, ignored the signal and accelerated, leading to a high-speed chase. During the chase, the driver turned right into a street where another car was approaching, causing the other driver to brake heavily to avoid a collision.

The initial verdict did not address the issue of liability for endangering traffic. However, the driver who was chased was not satisfied with the decision and lodged an appeal. The fleeing driver was successful in his appeal.

The decision clarified that while a high-speed chase can be dramatic and dangerous, it's not necessarily coercion unless the action was specifically targeted at the affected person. The specific example of coercion given was harassment with close tailgating and constant use of the high beam.

In this case, the judges determined that the violation was not specifically aimed at affecting the other driver. The judges at the OLG Hamm quashed the verdict of the first instance.

The fleeing driver received a fine and a half-year driving ban in the initial verdict. The new verdict did not specify a new penalty.

The Higher Regional Court of Hamm ruled that the police's forced door opening was justified due to the tenant's aggressive behavior and refusal to open the door, creating a concrete danger. This ruling was highlighted by ADAC.

It's important to note that the violation must be specifically aimed at affecting the other person for it to be considered coercion. Not every intentional traffic violation is coercion in the sense of the Criminal Code (StGB, Section 240).

The case serves as a reminder that while high-speed chases can be thrilling, they pose a significant risk to other road users and can lead to severe consequences. It's crucial for drivers to adhere to traffic rules to ensure the safety of all road users.