This is the new kit! Great colors, super nice elements to verbasteln perfect!
Here my first LO with it:
Credits: ... so sweet and soft by Katty by digiDesignz, Template # 3 # by TiernaerrinsDesign
Monday, February 28, 2011
Brazilian During A Yeast Infection
The new kit of Katty by digiDesignz .... so sweet and soft!
This is the new kit! Great colors, super nice elements to verbasteln perfect!
Here my first LO with it:
Credits: ... so sweet and soft by Katty by digiDesignz, Template # 3 # by TiernaerrinsDesign
This is the new kit! Great colors, super nice elements to verbasteln perfect!
Here my first LO with it:
Credits: ... so sweet and soft by Katty by digiDesignz, Template # 3 # by TiernaerrinsDesign
Sunday, February 27, 2011
When Will The Tahoe Body Change?
The measurement result of a breath test is unusable if the control period was not observed (OLG Hamm, decision of 24.01.2008, Az: 2 Ss OWi 37/08)
Redaktionerrer motto
OLG Hamm, decision of 24.01.2008, Az: 2 Ss OWi 37/08
The legal complaint against the person concerned the decision of the district court Schwelm of 26 October 2007, the 2nd Senate for fine things of the Oberlandesgericht Hamm, 24 01. decided in 2008 by the judge at the High Court as a judge at the request of the Attorney General after consultation with the victim or his lawyer:
The verdict will be contested with the underlying findings repealed.
The case is for a new trial and decision - back to the district court Schwelm - even on the costs of the appeal proceedings.
reasons
I.
The district court convicted the person concerned because of a negligent violation of § 24a para 1
StVG to a fine of 250 €, imposed a driving ban of one month and the regulations of § 25 para 2 a StVG exercised. In contrast, applies the appeal of the person concerned has given notice of the violation of the procedural and substantive law. The general prosecutor's office has applied to set aside the contested decision.
II
The AG made the following findings and stated:
sailed "on 20.02.2007, the person concerned by car Suzuki, Ind. XXXXXX Vehicle Registration, public roads in Schwelm, namely Hattinger the road. He has been te-alcohol drinking. The interested party led the vehicle with a breath-alcohol concentration of 0.36 mg / I.
The breath test was performed by the calibrated Dräger Evidential.
The person concerned has therefore introduced a motor vehicle with a breath alcohol concentration of 0.25 mg / 1 or more.
The person concerned has previously admitted that he had only drunk a beer with coke in the night. He had taken cough and cold solver, so that is not excluded that the test result had been falsified. It is possible that each of the measurement by about remaining in gum pockets remains of cough drops the measurement had been falsified VER. Moreover, the measurement protocol would not confirm that throughout the process, a civil servant was present. The measurement result is therefore not to exploit.
Affected parties led to a motor vehicle with a breath alcohol concentration of 0.25 mg / 1 or more. The court is due to the measurement protocol and discussed the certificate of measurement convinced that the measured value is usable without haircuts. The unit has received type approval for the official monitoring of road traffic, in compliance with the calibration period, it was calibrated, the conditions for a valid measurement procedures were respected. Evidence of distortion the measurement result due to other confounding factors do not exist. Against this it that once before, namely, to clock 01.15 and 01.17 clock, measurements have been carried out, with readings have been reached over 0.25 mg / 1. That could have been achieved in each case in the measurements mouth residual alcohol from the number pockets, is excluded to the satisfaction of the court.
The value of breath alcohol concentration has also been determined accurately. The technical procedures have been followed, which also measured the employee, wife Gehrisch, has confirmed on the measurement protocol. A time of 20 minutes since the end of drinking has been preserved. Furthermore, the control time of 10 minutes before the breath alcohol concentration measurement on hold. The person concerned had gone at 00:45 clock, the measurements were carried out to clock 01.25 and 01.27 clock. There was therefore before a double measurement at intervals of 5 minutes and permissible variation between the individual measurement values. "
III.
The gem. § 79 para 1 No. 2 OWiG permitted further appeal form and brought in time .. and you also have been justified - at least for now - Success
The Attorney General has its waiver request in the following reasons:
"1 The repeal of the contested ruling is caused due to the already collected Verfahrensrüge If the audit alleges. an educational deficiency lies in the fact that the court an expert opinion on the question of whether a periodontal pocket in a remaining balance of a cough solver, the result of the second measurement with the Dräger 7110 Evidential could have been distorted, has not raised this complaint proves first as permitted . The legal complaint is the fact failed to identify the court, and the evidence of this, the trial judge would have to operate. Moreover, given the circumstances which the court would have had to push for further investigation and is expected to result from the failure of evidence would have been. The legal complaint performs in this regard that such evidence would have shown that the test result may have a remaining balance in a periodontal pocket can be falsified. On the necessity of taking evidence out of the legal complaint that the total of the first measurement of the evening, namely, which was measured using the Dräger 6510, a blood alcohol concentration of 0.39 0/0o. In contrast, the measurement using the device have Dräger 7110 Evidential who ejected from two measurements were carried out by 01.13 bis 01.20 Clock clock, initially no test result, but the error message "interference". A from 01.22 clock 01:29 Clock carried out another test with the Dräger 7110 Evidential then have a test result of 0.36 mg / 1 reported. With such a difference to urge the possibility of a failure. The district court would have to say the obvious source of error in cough solver remains must engage in the periodontal pocket, especially since were already made by letter of 08.06.2007 support appropriate versions. Next performs the appeal, the district court had no reason to assume that such evidence was unnecessary. In particular, give the first measurement with the Dräger 7110 Evidential no reason for such an assumption. While it is true that the two individual measurements in each of these measurements would have had values of over 0.25 mg / 1, but this measurement had been a total output from the device to be invalid.
the complaint proves to be well founded. Contrary of the grounds, in view of the different measurement results in terms of the used equipment Dräger 6510 and the equipment used in the episode 7110 Evidential obviously not excluded that there has been a distortion of results due to other confounding factors. The imposition of an expert evidence on the question of whether a periodontal pocket in a remaining balance of the cough solver the result of the second measurement with the device Dräger 7110 Evidential could have been distorted and is concentrated in that regard.
second The tax on BASIC SUBMISSION to be carried out through review of the sentence also covers an error of law to the detriment of the defendant.
The district court assumed that the control period was observed from 10 minutes before the breath alcohol concentration measurement. The measurement protocol is, however, on compliance with the control period, no information. The officer has measured here only confirmed to be empowered to apply the instrument, the volunteers, the test procedure describes the measurement procedure performed according to instructions and checked the display with the printed result on line have to. This confirmation, however, relates not to the control period, but only to the specific measurement. Compliance with the inspection time of 10 minutes before the start of the measurement, during which the subject may take any substances to be, is hereinafter referred to at least questionable. Compliance with the inspection time is required to minimize distortion of the measurement result by any existing residual alcohol or other residual substances in the mouth excluded (cf. OLG Hamm, decision of 13.12.2000 - 4 Ss OWi 1154 / 2000 -). According to the findings of the person concerned has taken after his statement prior to conducting the breath test a cough solver. This can not be ruled out without expert advice be that it has come by taking this cough solver to a distortion of the measurement result. "
this true and compelling versions occurs in the Senate, at its substantive examination. The contested sentence could not stand and was therefore annulled. A decision on the merits of the Senate came gem.
§ 79 para 6 OWiG not considered, since a new trial, as the Attorney General correctly points out, additional observations can be made. Particular, it appears possible that with a property of the alleged falsification of the measurement result report from an understanding in a periodontal pocket remaining . Rest of the cough solver can be excluded and that will be determined by examination of the measurement by leading officials can show that the control period was observed "
IV
for the new trial points of the Senate to:
If, in the new trial point out that the measurement result by the cough solver that has been taken, the person concerned according to the statements, has been corrupted or may be and / or that has not been observed during the measuring process, the so-called control period, then the measurement of total unusable and can not be used with an increased safety margin (BGHSt 46, 358 = NZV 2001, 267). This is especially true if the control period is not met (this BayObLG NJW cf. 2005, 232 = NZV 2005, 53 = DAR 2005, 40 = VRS 2005, 108, 42; OLG Dresden NStZ 2004, 352 = BA 2005, 487 ; to also OLG Hamm NZV cf. 2005, 109 = VRS 107, 468; VA, 2007, 35 = VRR 2007, 70, Bamberg Higher Regional Court, decision of 27 November 2007, 2 Ss OWi 1489/07, including Maatz BA 2001, 21, 30 et seq; to all, Burhoff in: Burhoff (Ed.), Handbook for the traffic law OWi process, para 2015 et seq.). The part of the conflicting decisions of the OLG Karlsruhe (OLG Karlsruhe NZV 2004, 426 f. = VRS 107, 52 f. = DAR 2004, 466 f. = VA 2004, 120, NJW 2006, 1988 = VA 2006 140 (LS.) = NZV 2006, 438 = VRR 2006, 355) concern in other situations. 
If the measurement result of a breath test, for example by taking a cough solver, which has taken the suspect has been tampered with or may have been falsified and / or was not maintained during the measuring process, the so-called control time is to measure total unusable and can not be used as an increased safety margin. This is especially true if the check time is not met ( aA: OLG Stuttgart Decision of 02.07.2010, 4 Ss 369/10 ).
OLG Hamm, decision of 24.01.2008, Az: 2 Ss OWi 37/08
The legal complaint against the person concerned the decision of the district court Schwelm of 26 October 2007, the 2nd Senate for fine things of the Oberlandesgericht Hamm, 24 01. decided in 2008 by the judge at the High Court as a judge at the request of the Attorney General after consultation with the victim or his lawyer:
The verdict will be contested with the underlying findings repealed.
The case is for a new trial and decision - back to the district court Schwelm - even on the costs of the appeal proceedings.
reasons
I.
The district court convicted the person concerned because of a negligent violation of § 24a para 1
StVG to a fine of 250 €, imposed a driving ban of one month and the regulations of § 25 para 2 a StVG exercised. In contrast, applies the appeal of the person concerned has given notice of the violation of the procedural and substantive law. The general prosecutor's office has applied to set aside the contested decision.
II
The AG made the following findings and stated:
sailed "on 20.02.2007, the person concerned by car Suzuki, Ind. XXXXXX Vehicle Registration, public roads in Schwelm, namely Hattinger the road. He has been te-alcohol drinking. The interested party led the vehicle with a breath-alcohol concentration of 0.36 mg / I.
The breath test was performed by the calibrated Dräger Evidential.
The person concerned has therefore introduced a motor vehicle with a breath alcohol concentration of 0.25 mg / 1 or more.
The person concerned has previously admitted that he had only drunk a beer with coke in the night. He had taken cough and cold solver, so that is not excluded that the test result had been falsified. It is possible that each of the measurement by about remaining in gum pockets remains of cough drops the measurement had been falsified VER. Moreover, the measurement protocol would not confirm that throughout the process, a civil servant was present. The measurement result is therefore not to exploit.
Affected parties led to a motor vehicle with a breath alcohol concentration of 0.25 mg / 1 or more. The court is due to the measurement protocol and discussed the certificate of measurement convinced that the measured value is usable without haircuts. The unit has received type approval for the official monitoring of road traffic, in compliance with the calibration period, it was calibrated, the conditions for a valid measurement procedures were respected. Evidence of distortion the measurement result due to other confounding factors do not exist. Against this it that once before, namely, to clock 01.15 and 01.17 clock, measurements have been carried out, with readings have been reached over 0.25 mg / 1. That could have been achieved in each case in the measurements mouth residual alcohol from the number pockets, is excluded to the satisfaction of the court.
The value of breath alcohol concentration has also been determined accurately. The technical procedures have been followed, which also measured the employee, wife Gehrisch, has confirmed on the measurement protocol. A time of 20 minutes since the end of drinking has been preserved. Furthermore, the control time of 10 minutes before the breath alcohol concentration measurement on hold. The person concerned had gone at 00:45 clock, the measurements were carried out to clock 01.25 and 01.27 clock. There was therefore before a double measurement at intervals of 5 minutes and permissible variation between the individual measurement values. "
III.
The gem. § 79 para 1 No. 2 OWiG permitted further appeal form and brought in time .. and you also have been justified - at least for now - Success
The Attorney General has its waiver request in the following reasons:
"1 The repeal of the contested ruling is caused due to the already collected Verfahrensrüge If the audit alleges. an educational deficiency lies in the fact that the court an expert opinion on the question of whether a periodontal pocket in a remaining balance of a cough solver, the result of the second measurement with the Dräger 7110 Evidential could have been distorted, has not raised this complaint proves first as permitted . The legal complaint is the fact failed to identify the court, and the evidence of this, the trial judge would have to operate. Moreover, given the circumstances which the court would have had to push for further investigation and is expected to result from the failure of evidence would have been. The legal complaint performs in this regard that such evidence would have shown that the test result may have a remaining balance in a periodontal pocket can be falsified. On the necessity of taking evidence out of the legal complaint that the total of the first measurement of the evening, namely, which was measured using the Dräger 6510, a blood alcohol concentration of 0.39 0/0o. In contrast, the measurement using the device have Dräger 7110 Evidential who ejected from two measurements were carried out by 01.13 bis 01.20 Clock clock, initially no test result, but the error message "interference". A from 01.22 clock 01:29 Clock carried out another test with the Dräger 7110 Evidential then have a test result of 0.36 mg / 1 reported. With such a difference to urge the possibility of a failure. The district court would have to say the obvious source of error in cough solver remains must engage in the periodontal pocket, especially since were already made by letter of 08.06.2007 support appropriate versions. Next performs the appeal, the district court had no reason to assume that such evidence was unnecessary. In particular, give the first measurement with the Dräger 7110 Evidential no reason for such an assumption. While it is true that the two individual measurements in each of these measurements would have had values of over 0.25 mg / 1, but this measurement had been a total output from the device to be invalid.
the complaint proves to be well founded. Contrary of the grounds, in view of the different measurement results in terms of the used equipment Dräger 6510 and the equipment used in the episode 7110 Evidential obviously not excluded that there has been a distortion of results due to other confounding factors. The imposition of an expert evidence on the question of whether a periodontal pocket in a remaining balance of the cough solver the result of the second measurement with the device Dräger 7110 Evidential could have been distorted and is concentrated in that regard.
second The tax on BASIC SUBMISSION to be carried out through review of the sentence also covers an error of law to the detriment of the defendant.
The district court assumed that the control period was observed from 10 minutes before the breath alcohol concentration measurement. The measurement protocol is, however, on compliance with the control period, no information. The officer has measured here only confirmed to be empowered to apply the instrument, the volunteers, the test procedure describes the measurement procedure performed according to instructions and checked the display with the printed result on line have to. This confirmation, however, relates not to the control period, but only to the specific measurement. Compliance with the inspection time of 10 minutes before the start of the measurement, during which the subject may take any substances to be, is hereinafter referred to at least questionable. Compliance with the inspection time is required to minimize distortion of the measurement result by any existing residual alcohol or other residual substances in the mouth excluded (cf. OLG Hamm, decision of 13.12.2000 - 4 Ss OWi 1154 / 2000 -). According to the findings of the person concerned has taken after his statement prior to conducting the breath test a cough solver. This can not be ruled out without expert advice be that it has come by taking this cough solver to a distortion of the measurement result. "
this true and compelling versions occurs in the Senate, at its substantive examination. The contested sentence could not stand and was therefore annulled. A decision on the merits of the Senate came gem.
§ 79 para 6 OWiG not considered, since a new trial, as the Attorney General correctly points out, additional observations can be made. Particular, it appears possible that with a property of the alleged falsification of the measurement result report from an understanding in a periodontal pocket remaining . Rest of the cough solver can be excluded and that will be determined by examination of the measurement by leading officials can show that the control period was observed "
IV
for the new trial points of the Senate to:
If, in the new trial point out that the measurement result by the cough solver that has been taken, the person concerned according to the statements, has been corrupted or may be and / or that has not been observed during the measuring process, the so-called control period, then the measurement of total unusable and can not be used with an increased safety margin (BGHSt 46, 358 = NZV 2001, 267). This is especially true if the control period is not met (this BayObLG NJW cf. 2005, 232 = NZV 2005, 53 = DAR 2005, 40 = VRS 2005, 108, 42; OLG Dresden NStZ 2004, 352 = BA 2005, 487 ; to also OLG Hamm NZV cf. 2005, 109 = VRS 107, 468; VA, 2007, 35 = VRR 2007, 70, Bamberg Higher Regional Court, decision of 27 November 2007, 2 Ss OWi 1489/07, including Maatz BA 2001, 21, 30 et seq; to all, Burhoff in: Burhoff (Ed.), Handbook for the traffic law OWi process, para 2015 et seq.). The part of the conflicting decisions of the OLG Karlsruhe (OLG Karlsruhe NZV 2004, 426 f. = VRS 107, 52 f. = DAR 2004, 466 f. = VA 2004, 120, NJW 2006, 1988 = VA 2006 140 (LS.) = NZV 2006, 438 = VRR 2006, 355) concern in other situations.
Fujitsu Life Book Stylus
When measuring the alcohol in the breath of a control period must be observed by 10 minutes (OLG Stuttgart Decision of 02.07.2010, 4 Ss 369/10)
Stuttgart Higher Regional Court order of 07.02.2010, 4 Ss 369/10
is in the measurement of alcohol in breath control time of 10 minutes are not adhered to because there was in the mouth, a foreign substance, can the measurement result should nevertheless be used if the limit of 0.25 mg / l is not negligible (about 20%) is exceeded and a haircut is made. In these cases, it requires the assistance of an expert (different from OLG Hamm, decision of 24.01.2008 - 2 Ss OWi 37/08 - VRS 114, 292).
Official motto
The appeal of those affected by the decision of the Stuttgart District Court on 8 March 2010, dismissed as unfounded
n.
The complainant shall bear the cost of his appeal.
I. The district court imposed against the person concerned because of a misdemeanor negligent breach of the 0.5 blood alcohol limit, a fine of 1,200 EUR and sat a driving ban of three months laid. According to the findings sailed the person concerned on 20 August 2009 compared with 1.55 clock in his car ... the ... street. He could see that he had previous alcohol consumption as a result of alcohol stored in the body that the road permissible limit of 0.25 mg / l was exceeded. Two breath testing carried out at 2.22 and 2.25 clock clock showed concentrations of 0.301 mg / l and of 0.297 mg / l.
The person concerned has admitted to having taken alcohol before driving himself, but to a lesser extent. During the journey, and the total control he had a chewing gum in the mouth. This place - the district court - but not the accuracy of the measurement results in Question. Although it was after the testimony of police officers who had carried out the inspection, questionable whether the person concerned had actually been during the inspection and performing the measurements a piece of gum in your mouth. In any case, the witness was able to rule out that the person concerned had chewed. The district court held on the basis of these data, the measurements for recyclable. To this end it has heard an expert, which it follows. It sets this:
"The expert explained that the accuracy of the information of the person concerned assumed, though not the detailed conditions for the detector Dräger Alcotest observed, had as its enters the oral cavity in the last 10 minutes before the measurement is not a foreign substance should, however, this present case does not lead to a distortion of the measurement result that is outside the allowed measurement of fluctuation. Such distortions have been identified so far, none of the surveyed foreign substances. Although he claims that the studies on the influence of foreign substances in the oral cavity in breath testing so far had been mainly carried out in alcohol-fasting subjects, so that already intoxicated subjects may require a slightly different mapping values to unavoidable measurement error variations or by the foreign substance caused distortions can not be sure, but was of deviations of up to 0.02 mg / l assumed.
Such a deviation was only in investigations after the use of a "Fisherman's Friend" candies been identified, was in all other foreign substances such as chewing gums and lozenges there have been no tampering. The expert also pointed out that dissolved at the mere chewing gum or sucking on a candy, much less foreign substances in the oral cavity, as this was the case during chewing. According to the results of scientific investigations is therefore present assumed on the basis of the testimony of the witness ... of not influence the measurement result from yourself. The drinking parties entering an appearance also fit with the detected breath alcohol concentration together under any circumstances. Would she vote for the measurement was a result of 0.1 to a maximum of 0.2 parts per thousand have been expected. Overall, the expert described, therefore, the entering of the person concerned as inconsistent. "
The interested party has against the decision to appeal filed, which he founded with the violation of substantive law. In particular, he argues that the measure was due to failure to control time of 10 minutes unusable.
The Attorney General has joined the argument of defense counsel, seeking the annulment of the sentence and acquittal of the person affected by the appeal court.
The appeal is without merit.
first According to § 24a para 1 and 3 StVG is irregular, anyone who drives on the road a motor vehicle negligently, even though he has 0.25 mg / l or more alcohol in the breath. For the usefulness of a breath test much compliance with the so-called control period of 10 minutes before measurement. During this time the person does not measure may possibly influence Substances to commit or deal with them. In addition to eating, drinking and smoking involve the use of mouthwash, spray etc. (so Schoknecht, evidential breath alcohol analysis, advice from the Federal Health Office, 1992, p. 12). Is maintained in addition to other conditions such as problems in keeping the waiting time of 20 minutes between drinkers and start the measurement, the control time, it requires no safety margin of the outcome of the measurement (BGHSt 46, 358 [367]). The question of how to proceed if the inspection time is not respected, is assessed differently. According to the OLG Hamm (VRS 114, 292 [294]) is the measurement of total unusable and is not about a haircut be recycled. The Higher Regional Court Bamberg (BA 45, 197) joins the at least for the case where the limit is just reached (in the underlying case, 0.253 mg / l). The Senate has just as in the case, in which the waiting time of 20 minutes, delivered a general unexploitability measurement not appropriate. In the former case, a group unexploitability will then not be accepted if the measured breath alcohol level nationwide (about 20%) is above the limit. In this case, by requiring an expert opinion to clarify whether associated with the failure of the waiting time fluctuations of the measured values can be compensated by a safety margin (for instance OLG Celle NZV 2004, 318; OLG Karlsruhe VRS 107, 52 and NStZ-RR 2006, 250; Hentschel / King / permanent road traffic law, 40 Edition, § 24a para StVG 16 a). From the report by Schoknecht (ibid.) It is not clear that the measurement is unusable in any case, if the control time of 10 minutes is not met. This aim is only to be ruled out that the subject might not measure affecting substances has brought to them. Examples mouthwash and spray are called (in which alcoholic substances may be included). It follows that the measurements in each case, despite non-compliance with the inspection time can be meaningful. Since the condition of compliance with the Control time has not been respected, but as with the non-compliance with the waiting time to make a haircut (cf. BGH supra). A usefulness of the measurements are therefore only be considered if the limit of § 24a Section 1 Road Traffic Act has been passed is not insignificant, so a recoverability in the case of the OLG Bamberg (supra) and the Higher Regional Court of Karlsruhe (VRS 107 52) retires (local values of 0.253 and 0.260 mg / l). The broader view of the OLG Hamm (supra) does not follow the Senate. To answer these questions, we need the assistance of an expert who has to make observations on the amount of the haircut.
second Based on these criteria, the results are usable. According to the findings of the district court were collected at 2.22 and 2.25 clock clock measuring breath alcohol concentration of 0.301 mg / l and 0.297 mg / l, on average, thus 0.299 mg / l. The limit value of 0.25 mg / l is not only slightly, but at about 20%. Therefore, the way is opened, with the help of an expert to assess the measurements are reliable. Which has met the district court in this case. From the presentation of the expert can be concluded in a transparent way, why the samples are nevertheless usable. The safety margin of 0.02 mg / l is appropriate. This is no prohibition on the use.
third A presentation of the case to the Federal Court pursuant to § 79 paragraph 3 sentence 1 requires OWiG conjunction with § 121 para 2 GVG not, since the meaning of the OLG Hamm, the measurement is in these cases generally unusable, non-supporting in that it was a note for the new trial. From the decision of the OLG Bamberg gives way to the Senate does not, as this is a different factual situations (lower reading) is based.
The appeal is in the rest unfounded. The district court allowed no deviation from 241.1 in the plant and the BKatV given the massive registrations of the person concerned, the fine of 1,000 EUR 1,200 EUR increase. A violation of the prohibition of double recovery is contrary to the defender (letter of 7 May 2010) not herein. The imposition of the ban of 3 months is not objectionable.
is in the measurement of alcohol in breath control time of 10 minutes are not adhered to because there was in the mouth, a foreign substance, can the measurement result should nevertheless be used if the limit of 0.25 mg / l is not negligible (about 20%) is exceeded and a haircut is made. In these cases, it requires the assistance of an expert (different from OLG Hamm, decision of 24.01.2008 - 2 Ss OWi 37/08 - VRS 114, 292).
Official motto
tenor
The appeal of those affected by the decision of the Stuttgart District Court on 8 March 2010, dismissed as unfounded
n.
The complainant shall bear the cost of his appeal.
reasons
I. The district court imposed against the person concerned because of a misdemeanor negligent breach of the 0.5 blood alcohol limit, a fine of 1,200 EUR and sat a driving ban of three months laid. According to the findings sailed the person concerned on 20 August 2009 compared with 1.55 clock in his car ... the ... street. He could see that he had previous alcohol consumption as a result of alcohol stored in the body that the road permissible limit of 0.25 mg / l was exceeded. Two breath testing carried out at 2.22 and 2.25 clock clock showed concentrations of 0.301 mg / l and of 0.297 mg / l.
The person concerned has admitted to having taken alcohol before driving himself, but to a lesser extent. During the journey, and the total control he had a chewing gum in the mouth. This place - the district court - but not the accuracy of the measurement results in Question. Although it was after the testimony of police officers who had carried out the inspection, questionable whether the person concerned had actually been during the inspection and performing the measurements a piece of gum in your mouth. In any case, the witness was able to rule out that the person concerned had chewed. The district court held on the basis of these data, the measurements for recyclable. To this end it has heard an expert, which it follows. It sets this:
"The expert explained that the accuracy of the information of the person concerned assumed, though not the detailed conditions for the detector Dräger Alcotest observed, had as its enters the oral cavity in the last 10 minutes before the measurement is not a foreign substance should, however, this present case does not lead to a distortion of the measurement result that is outside the allowed measurement of fluctuation. Such distortions have been identified so far, none of the surveyed foreign substances. Although he claims that the studies on the influence of foreign substances in the oral cavity in breath testing so far had been mainly carried out in alcohol-fasting subjects, so that already intoxicated subjects may require a slightly different mapping values to unavoidable measurement error variations or by the foreign substance caused distortions can not be sure, but was of deviations of up to 0.02 mg / l assumed.
Such a deviation was only in investigations after the use of a "Fisherman's Friend" candies been identified, was in all other foreign substances such as chewing gums and lozenges there have been no tampering. The expert also pointed out that dissolved at the mere chewing gum or sucking on a candy, much less foreign substances in the oral cavity, as this was the case during chewing. According to the results of scientific investigations is therefore present assumed on the basis of the testimony of the witness ... of not influence the measurement result from yourself. The drinking parties entering an appearance also fit with the detected breath alcohol concentration together under any circumstances. Would she vote for the measurement was a result of 0.1 to a maximum of 0.2 parts per thousand have been expected. Overall, the expert described, therefore, the entering of the person concerned as inconsistent. "
The interested party has against the decision to appeal filed, which he founded with the violation of substantive law. In particular, he argues that the measure was due to failure to control time of 10 minutes unusable.
The Attorney General has joined the argument of defense counsel, seeking the annulment of the sentence and acquittal of the person affected by the appeal court.
II
The appeal is without merit.
first According to § 24a para 1 and 3 StVG is irregular, anyone who drives on the road a motor vehicle negligently, even though he has 0.25 mg / l or more alcohol in the breath. For the usefulness of a breath test much compliance with the so-called control period of 10 minutes before measurement. During this time the person does not measure may possibly influence Substances to commit or deal with them. In addition to eating, drinking and smoking involve the use of mouthwash, spray etc. (so Schoknecht, evidential breath alcohol analysis, advice from the Federal Health Office, 1992, p. 12). Is maintained in addition to other conditions such as problems in keeping the waiting time of 20 minutes between drinkers and start the measurement, the control time, it requires no safety margin of the outcome of the measurement (BGHSt 46, 358 [367]). The question of how to proceed if the inspection time is not respected, is assessed differently. According to the OLG Hamm (VRS 114, 292 [294]) is the measurement of total unusable and is not about a haircut be recycled. The Higher Regional Court Bamberg (BA 45, 197) joins the at least for the case where the limit is just reached (in the underlying case, 0.253 mg / l). The Senate has just as in the case, in which the waiting time of 20 minutes, delivered a general unexploitability measurement not appropriate. In the former case, a group unexploitability will then not be accepted if the measured breath alcohol level nationwide (about 20%) is above the limit. In this case, by requiring an expert opinion to clarify whether associated with the failure of the waiting time fluctuations of the measured values can be compensated by a safety margin (for instance OLG Celle NZV 2004, 318; OLG Karlsruhe VRS 107, 52 and NStZ-RR 2006, 250; Hentschel / King / permanent road traffic law, 40 Edition, § 24a para StVG 16 a). From the report by Schoknecht (ibid.) It is not clear that the measurement is unusable in any case, if the control time of 10 minutes is not met. This aim is only to be ruled out that the subject might not measure affecting substances has brought to them. Examples mouthwash and spray are called (in which alcoholic substances may be included). It follows that the measurements in each case, despite non-compliance with the inspection time can be meaningful. Since the condition of compliance with the Control time has not been respected, but as with the non-compliance with the waiting time to make a haircut (cf. BGH supra). A usefulness of the measurements are therefore only be considered if the limit of § 24a Section 1 Road Traffic Act has been passed is not insignificant, so a recoverability in the case of the OLG Bamberg (supra) and the Higher Regional Court of Karlsruhe (VRS 107 52) retires (local values of 0.253 and 0.260 mg / l). The broader view of the OLG Hamm (supra) does not follow the Senate. To answer these questions, we need the assistance of an expert who has to make observations on the amount of the haircut.
second Based on these criteria, the results are usable. According to the findings of the district court were collected at 2.22 and 2.25 clock clock measuring breath alcohol concentration of 0.301 mg / l and 0.297 mg / l, on average, thus 0.299 mg / l. The limit value of 0.25 mg / l is not only slightly, but at about 20%. Therefore, the way is opened, with the help of an expert to assess the measurements are reliable. Which has met the district court in this case. From the presentation of the expert can be concluded in a transparent way, why the samples are nevertheless usable. The safety margin of 0.02 mg / l is appropriate. This is no prohibition on the use.
third A presentation of the case to the Federal Court pursuant to § 79 paragraph 3 sentence 1 requires OWiG conjunction with § 121 para 2 GVG not, since the meaning of the OLG Hamm, the measurement is in these cases generally unusable, non-supporting in that it was a note for the new trial. From the decision of the OLG Bamberg gives way to the Senate does not, as this is a different factual situations (lower reading) is based.
III.
The appeal is in the rest unfounded. The district court allowed no deviation from 241.1 in the plant and the BKatV given the massive registrations of the person concerned, the fine of 1,000 EUR 1,200 EUR increase. A violation of the prohibition of double recovery is contrary to the defender (letter of 7 May 2010) not herein. The imposition of the ban of 3 months is not objectionable.
Monday, February 21, 2011
Why Does My Stereo Receiver Skip
shopping on Saturday:)
On Saturday I was in town in the DM and 1 € shop.
I'm really happy in the 1 € store, sometimes there are really useful things there! Especially for small items such as Tipp-Ex, etc. I like to go there!
Pelikan Eraser
marker for textiles:)
Tipp-Ex, The blue is crap and already in the bin! The Red is still working!
Tesa:)
Yes, the nails are not very pretty, AAAB waits! I have (strengthens the natural nail plate) something with them before ;-)
In DM Nail Thickener Gel
And Fixing Top Coat (Fixed color coating on artificial nails) 
On Saturday I was in town in the DM and 1 € shop.
I'm really happy in the 1 € store, sometimes there are really useful things there! Especially for small items such as Tipp-Ex, etc. I like to go there!
Pelikan Eraser
marker for textiles:)
Tipp-Ex, The blue is crap and already in the bin! The Red is still working!
Tesa:)
Yes, the nails are not very pretty, AAAB waits! I have (strengthens the natural nail plate) something with them before ;-)
In DM Nail Thickener Gel
And Fixing Top Coat (Fixed color coating on artificial nails)
Sunday, February 20, 2011
Where To Watch Episodes With Quicktime
amount of the eligible assessment costs in a traffic accident for pain and suffering
The amount of the eligible assessment costs it is natural to focus mainly on the expert to the expert opinion spent working . The Court of Federal Court may, after a traffic accident, however, generally also be reimbursed in relation to the amount of damages calculated expert fees as required by the production cost and its opponents accident insurance required (BGH, Judgement of 23 January 2007 - VI ZR 67/06 ).
The judges have in your decision, first, that the requested costs in principle to the damage directly related and according § 249 para 1 BGB are intended to offset capital disadvantages, see also BGH; Judgement of 30 November 2004 - VI ZR 365/03 . After § 249 paragraph 2 sentence 1 BGB the wrongdoer has to pay for the restoration of the damaged thing necessary amount of money.
The judges emphasized that the accident victim was indeed obliged, under the command economy, it is reasonable in the context of the economical way to choose the repair the damage. The victim was not in principle to a study of the market available to it committed to make one for the tortfeasor and its liability insurer experts find the best price possible.
The Court has confirmed with its convincing decision that a car expert but the fact that he makes a reasonable amount of damages based on the flat-rate of the fee, the limits of lawful pricing does not exceed in principle. Damage reports are in fact usually do, to enable the implementation of damages. The correct determination of the damage amount is owed by the experts here as a success, for which the experts ultimately liable.
Friday, February 18, 2011
Police Auction Fredericton
shoe shoot:):):)
The popular H & M Wedges from I have the winter collection I love and am in the morning eye stood at 5.30 in order to be placed at H & M! Siiee are there:)
here and shoot my shoe, unfortunately only a couple of good here 5124063;)
The popular H & M Wedges from I have the winter collection I love and am in the morning eye stood at 5.30 in order to be placed at H & M! Siiee are there:)
here and shoot my shoe, unfortunately only a couple of good here 5124063;)
How To Write Beauty Therapist Cv
In the case of traffic accidents are not only required in case of fault of the other party, but also in so-called facts threat (operational risk) in damages. If the injured person contributed to the accident, said the damages claim is to reduce the degree of contributory negligence.
amount of the damages claim
It is not possible to single flat rate of injuries a reasonable amount for pain and suffering set lay. In determining the damages amount, the duration and severity of the harm or of suffering the pain, the duration of the leave and the hospital stay, number of surgical procedures, feared and expected damages , physical and psychological effects and the age and consider the occupation of injured.
serve as a guide to decision collections based smart money tables. From such a lawyer can help determine a reasonable amount. The decisions are part of more than 20 years old. In that regard must be given due consideration and the inflation should apply.
addition to the medical expenses are not overlooked in the settlement of claims eligible claims of financial management positions such as claims, travel expenses to the doctor and also the loss of earnings claims.
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loss of use
If the victim waived a car, he is entitled to compensation for loss of use. The amount of the compensation amount depends on the car category of the damaged vehicle. Leads to a self-repair by, then the claim on loss of use depends on whether you can prove that you were actually prevented during the self-repair in the use of the vehicle.
Russian Bare Free Pix 2010
Mercantile inferior
In an accident claim to differentiate between the so-called. "Mercantile inferior" and "technical impairment". Due to the damage caused to the vehicle it must be referred to the sale as "Damage". The car does so because of the accident, a lower market value. This reduced value is called the mercantile reduced value. If the vehicle after the repair, even irreparable damage have left or are no longer the same reliable, technically inferior, then, this is called a technical impairment.
Russian Bare Free Pix 2009
legal fees
The legal costs of the injured are in principle covered by the insurance caused the accident to take over. They are among the necessary damage repair costs. If you have a traffic insurance (eg ADAC, DEKRA, ARAG, etc.), so does this regularly, the cost of the lawyer.
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hire costs
The victim may also make the cost of the rental claim. The is entitled especially during the repair. As with the loss of use, however, provided that usage will and use the options for the car.
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expert fees / costs
The cost of an expert for an opinion are allowable costs since they are among the 2 to § 249 para 1 BGB necessary cost of restoration, if the assessment is necessary and appropriate. With only minor damage, an estimate of a car - workshop be obtained.
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advice in good faith acquisition of property has been lost to
Editorial Headnote
state court,
On appeal the plaintiff, the defendant under the 2nd Amendment of the Judgement Civil Chamber of the District Court sentenced Bad Kreuznach from 25/06/2010 to issue to the plaintiff, the Ford Rimor Motorhome with the vehicle identification number WFO7XXTTF77C70030.
covered the costs of the proceedings the defendant to load.
The decision is provisionally enforceable.
The defendant declined to avert the foreclosure of the plaintiff against security in the amount of 37,000 EUR, unless the applicant provides equivalent security.
The revision is not approved.
I. The applicant hired as part of his trade on 24.03.2009, which he owned mobile home to a woman, the one presented in the name of Sch, denominated identity card. Soon after, the vehicle that was following the argument of the plaintiff a minimum of 31,000 EUR worth offered on the Internet by entering a phone number for 24.500 EUR for sale.
The defendant started on 01.04.2009 by phone about this offer and inspected the car the following evening stood with her husband on a Mosel parking, on the other campers. In a second meeting, on 03.04.2009 around 19.00 clock on another nearby car park was held, the defendant concluded a written contract with the provider. This was it, click as before under the name of the applicant. He was told to be police officers. The purchase price was agreed at 24,000 EUR. The defendant paid him in cash. She received a set of keys, which operate with the ignition and the toilet and the bike depot could be opened. Correspondence for the safe key did not fit. In addition, the seller handed a registration certificate II (vehicle registration) from under the presentation of the defendant, the vehicle then ummeldete up. It later emerged that this certificate fake was.
The plaintiff took the defendant having regard to its ownership position to release the motor home to complete. The defendant argued in good faith acquisition. This legal defense is considered valid by the district court and rejected the request of the applicant. In his view, the seller seemed the key and the certificate of approval legitimizes II art.
turns the other hand, the plaintiff in his desire to renew the appointment. He says that the defendant, driven by the idea that a purchase may well below the market value of vehicle offered, had acted extremely critical. The equipment handed over keys were shown incomplete and the usual documents like the Registration Certificate I (vehicle license), the board manual and the maintenance record had ever been missing.
the appeal results in cancellation of the contested ruling and the popularity of the action. Contrary to the opinion of the District Court of the plaintiffs contested the ownership of the vehicle has not lost to the defendant so that he is entitled in § 985 BGB reasonable right to restitution.
1.The first instance decision already met in their legal approach, a property acquisition of the defendant from § 932 BGB derive, weighty doubts. The provision of § 932 BGB regulates the sale by an unauthorized person. She has an eye on the situation in which simulates a person not entitled to be owner of a thing, and has made this Sellung out. Of which differs from the present case. However, the seller of the mobile home had no power to transfer property, so he acted as a person not entitled. But he did under the name of the applicant, by pretending to be called Bernd W. and thus be the person to whom the registration certificate was issued II. This gives the event a special character:
course, the use of another's name does not matter if the opponents of the business Name is irrelevant and he basically just important for us to transact with the person who is confronted. Unlike the situation is, however, where he is interested in completing the transaction with the namesakes. In this case, to represent legal rules go to the application so that the agent is not, as it requires § 932 Civil Code, a proprietary business makes, but as a mere representative acts, although it lacks the representation will ( BGHZ 45, 193 , 195; BGH World Cup 1990, 1450, 1451 [BGH 06.07.1990 - III ZR 155/89 ]; Palm Erman, BGB, 12th edition, § 164 para 8)..
That was precisely the situation in which the defendant was located. For it was essential to close with that of a pledge contract to which the registration certificate II was, because only he was legitimate enough as the owner and the acquisition of another person in its validity is questionable to be had (BGH NJW 2006, 3488 , 3489 [BGH 13.09.2006 - VIII ZR 184/05 ]). Therefore, the seller gave his declaration of intention on behalf of the applicant (OLG Dusseldorf NJW 1985, 2484; Ellenberger Palandt, BGB, 69th edition, § 164 Rn 11;. A. A. OLG Dusseldorf NJW 1989, 906 f.; Oechsler Comment in Munich, BGB, 5th edition, § 932 para. 63), so that a transfer of title whose authority presupposed (§ 164 para 1 BGB). An authorization has been issued but never, and they can be produced even after the appearance of condoning or rules. To this extent a transfer is ruled out on the defendant from the outset.
2.Wählt you a different perspective and goes - by concedes the defendant that she did not want to buy primarily from the registration certificate II registered person, but by the person who came towards her as the seller - from the basic applicability of § 932 BGB is to deny a transfer of ownership, however, as well. The defendant was in fact not in good faith, because their view that the seller was the owner of the motorhome, based on gross negligence. There was tangible evidence that spoke against the opinion of the defendant.
However, the seller could submit the registration certificate II. This represents only a minimum requirement for a bona fide purchase, it by no means guaranteed (BGH WM 1956, 158, 159; BGH NJW 2006, 3488 , 3489 [BGH 13.09.2006 - VIII ZR 184/05 ] Wiegand in Staudinger, BGB, 2004, § 932 para. 140). This is all the more so because the defendant did nothing to inquire about the identity of the seller and the registered holder to satisfy the coach. To the detriment of the defendants argue a number of circumstances, the suspect had to be justified and the term, the seller is the owner and acts in good faith, be as to a considerable extent seem frivolous:
a) over the registration certificate II also were no papers presented to the vehicle. The defendant, neither the registration nor the certificate I have submitted a maintenance log book. The keys were incomplete. There was basically only one set, and the safe was not open at all.
b) the seller told to stay in Saarlouis. He led the mobile home but not there but in Kobern Gondorf. This was further from Saarlouis as the residence of the defendant. The fact that been the vehicle to a nearby camping area would have, had not seen. Had this been so, it could have been easily there, instead of offering it in a parking lot. Choosing a meeting place of residence was far more surprising than the seller said he was a policeman and had to work soon.
c) gave rise to suspicion and the apparent level of education of the seller: From a police officer would actually have been expected that he mastered the basic rules of orthography. In this respect, had a surprise that the few hand-written formulations the seller in the contract form was full of errors inserted. It likes the spelling "FAhRADTREGER" (instead of bike carrier) and "GESenDED" (sent) instead of being perhaps have been more acceptable. Completely incomprehensible, however, was the number twenty-four writing as "Fierundzwanzieg.
d) Despite these suspicions, the defendant did nothing to verify the information from the buyer in any way. She checked neither the accuracy of the information provided nor does it address therein for a landline phone number at which they would have the control to call. There were no bank account, which would have been used to pay the purchase price and displayed would that money actually came from the person who was mentioned in the contract and emerged from the registration certificate II. Instead, let the defendant to a payment mode in which the recipient did not need to be identified. This was even more unusual when it came to a very high amount.
3.Vor this background can not be certified in good faith. Doubt that had to force themselves on any reasonable buyers were pushed to the satisfaction of the Senate in an effort to make a good business. Instead of - as a cheap rated - purchase price to take the opportunity to judge the honesty of the seller's critically objectively existing warnings were ignored by gross negligence.
success, and the defendant has to bear in accordance with § 91 paragraph 1 sentence 1 ZPO the costs of the dispute. The statement on the provisional enforceability is based on § § 708 No. 10, 711 ZPO.
reasons for the leave to appeal are not available. The - as far as can be seen, so far not responded to the superior court - whether the unauthorized sale of a motor vehicle under the name of the registration certificate holder II indicated by substitution rules, or pursuant to § 932 BGB must be judged is not decisive.
appeal in dispute: 31,000 EUR 
Bona fide buyers can become owners of an originally has been lost thing. But only if the purchase is dubious circumstances. In the following case, the judges have judged the Oberlandesgericht Koblenz, that the Fahrzeugkäuferin had acted with gross negligence and therefore return an acquired for € 24,000.00 uro camper to the true owner had.
Editorial Headnote
The submission of the registration certificate II is the used car purchase is the minimum requirement for a bona fide acquisition of property, guaranteed him not. The submission of the registration certificate I, the board book, a logbook and the car keys can also complete good faith for a Vehicle acquisition talk.
state court,
The dispute
. ..
has the 5th Civil Division of the Higher Regional Court Koblenz
by
the presiding judge at the High Court Kaltenbach,
the judge at the High Court Goebel and
the judge at the High Court, Dr. Menzel
because of the hearing on 11.4.2010
for Rules:
. ..
has the 5th Civil Division of the Higher Regional Court Koblenz
by
the presiding judge at the High Court Kaltenbach,
the judge at the High Court Goebel and
the judge at the High Court, Dr. Menzel
because of the hearing on 11.4.2010
for Rules:
it:
On appeal the plaintiff, the defendant under the 2nd Amendment of the Judgement Civil Chamber of the District Court sentenced Bad Kreuznach from 25/06/2010 to issue to the plaintiff, the Ford Rimor Motorhome with the vehicle identification number WFO7XXTTF77C70030.
covered the costs of the proceedings the defendant to load.
The decision is provisionally enforceable.
The defendant declined to avert the foreclosure of the plaintiff against security in the amount of 37,000 EUR, unless the applicant provides equivalent security.
The revision is not approved.
Grounds
I. The applicant hired as part of his trade on 24.03.2009, which he owned mobile home to a woman, the one presented in the name of Sch, denominated identity card. Soon after, the vehicle that was following the argument of the plaintiff a minimum of 31,000 EUR worth offered on the Internet by entering a phone number for 24.500 EUR for sale.
The defendant started on 01.04.2009 by phone about this offer and inspected the car the following evening stood with her husband on a Mosel parking, on the other campers. In a second meeting, on 03.04.2009 around 19.00 clock on another nearby car park was held, the defendant concluded a written contract with the provider. This was it, click as before under the name of the applicant. He was told to be police officers. The purchase price was agreed at 24,000 EUR. The defendant paid him in cash. She received a set of keys, which operate with the ignition and the toilet and the bike depot could be opened. Correspondence for the safe key did not fit. In addition, the seller handed a registration certificate II (vehicle registration) from under the presentation of the defendant, the vehicle then ummeldete up. It later emerged that this certificate fake was.
The plaintiff took the defendant having regard to its ownership position to release the motor home to complete. The defendant argued in good faith acquisition. This legal defense is considered valid by the district court and rejected the request of the applicant. In his view, the seller seemed the key and the certificate of approval legitimizes II art.
turns the other hand, the plaintiff in his desire to renew the appointment. He says that the defendant, driven by the idea that a purchase may well below the market value of vehicle offered, had acted extremely critical. The equipment handed over keys were shown incomplete and the usual documents like the Registration Certificate I (vehicle license), the board manual and the maintenance record had ever been missing.
II
the appeal results in cancellation of the contested ruling and the popularity of the action. Contrary to the opinion of the District Court of the plaintiffs contested the ownership of the vehicle has not lost to the defendant so that he is entitled in § 985 BGB reasonable right to restitution.
1.The first instance decision already met in their legal approach, a property acquisition of the defendant from § 932 BGB derive, weighty doubts. The provision of § 932 BGB regulates the sale by an unauthorized person. She has an eye on the situation in which simulates a person not entitled to be owner of a thing, and has made this Sellung out. Of which differs from the present case. However, the seller of the mobile home had no power to transfer property, so he acted as a person not entitled. But he did under the name of the applicant, by pretending to be called Bernd W. and thus be the person to whom the registration certificate was issued II. This gives the event a special character:
course, the use of another's name does not matter if the opponents of the business Name is irrelevant and he basically just important for us to transact with the person who is confronted. Unlike the situation is, however, where he is interested in completing the transaction with the namesakes. In this case, to represent legal rules go to the application so that the agent is not, as it requires § 932 Civil Code, a proprietary business makes, but as a mere representative acts, although it lacks the representation will ( BGHZ 45, 193 , 195; BGH World Cup 1990, 1450, 1451 [BGH 06.07.1990 - III ZR 155/89 ]; Palm Erman, BGB, 12th edition, § 164 para 8)..
That was precisely the situation in which the defendant was located. For it was essential to close with that of a pledge contract to which the registration certificate II was, because only he was legitimate enough as the owner and the acquisition of another person in its validity is questionable to be had (BGH NJW 2006, 3488 , 3489 [BGH 13.09.2006 - VIII ZR 184/05 ]). Therefore, the seller gave his declaration of intention on behalf of the applicant (OLG Dusseldorf NJW 1985, 2484; Ellenberger Palandt, BGB, 69th edition, § 164 Rn 11;. A. A. OLG Dusseldorf NJW 1989, 906 f.; Oechsler Comment in Munich, BGB, 5th edition, § 932 para. 63), so that a transfer of title whose authority presupposed (§ 164 para 1 BGB). An authorization has been issued but never, and they can be produced even after the appearance of condoning or rules. To this extent a transfer is ruled out on the defendant from the outset.
2.Wählt you a different perspective and goes - by concedes the defendant that she did not want to buy primarily from the registration certificate II registered person, but by the person who came towards her as the seller - from the basic applicability of § 932 BGB is to deny a transfer of ownership, however, as well. The defendant was in fact not in good faith, because their view that the seller was the owner of the motorhome, based on gross negligence. There was tangible evidence that spoke against the opinion of the defendant.
However, the seller could submit the registration certificate II. This represents only a minimum requirement for a bona fide purchase, it by no means guaranteed (BGH WM 1956, 158, 159; BGH NJW 2006, 3488 , 3489 [BGH 13.09.2006 - VIII ZR 184/05 ] Wiegand in Staudinger, BGB, 2004, § 932 para. 140). This is all the more so because the defendant did nothing to inquire about the identity of the seller and the registered holder to satisfy the coach. To the detriment of the defendants argue a number of circumstances, the suspect had to be justified and the term, the seller is the owner and acts in good faith, be as to a considerable extent seem frivolous:
a) over the registration certificate II also were no papers presented to the vehicle. The defendant, neither the registration nor the certificate I have submitted a maintenance log book. The keys were incomplete. There was basically only one set, and the safe was not open at all.
b) the seller told to stay in Saarlouis. He led the mobile home but not there but in Kobern Gondorf. This was further from Saarlouis as the residence of the defendant. The fact that been the vehicle to a nearby camping area would have, had not seen. Had this been so, it could have been easily there, instead of offering it in a parking lot. Choosing a meeting place of residence was far more surprising than the seller said he was a policeman and had to work soon.
c) gave rise to suspicion and the apparent level of education of the seller: From a police officer would actually have been expected that he mastered the basic rules of orthography. In this respect, had a surprise that the few hand-written formulations the seller in the contract form was full of errors inserted. It likes the spelling "FAhRADTREGER" (instead of bike carrier) and "GESenDED" (sent) instead of being perhaps have been more acceptable. Completely incomprehensible, however, was the number twenty-four writing as "Fierundzwanzieg.
d) Despite these suspicions, the defendant did nothing to verify the information from the buyer in any way. She checked neither the accuracy of the information provided nor does it address therein for a landline phone number at which they would have the control to call. There were no bank account, which would have been used to pay the purchase price and displayed would that money actually came from the person who was mentioned in the contract and emerged from the registration certificate II. Instead, let the defendant to a payment mode in which the recipient did not need to be identified. This was even more unusual when it came to a very high amount.
3.Vor this background can not be certified in good faith. Doubt that had to force themselves on any reasonable buyers were pushed to the satisfaction of the Senate in an effort to make a good business. Instead of - as a cheap rated - purchase price to take the opportunity to judge the honesty of the seller's critically objectively existing warnings were ignored by gross negligence.
III. Accordingly, the appeal has
success, and the defendant has to bear in accordance with § 91 paragraph 1 sentence 1 ZPO the costs of the dispute. The statement on the provisional enforceability is based on § § 708 No. 10, 711 ZPO.
reasons for the leave to appeal are not available. The - as far as can be seen, so far not responded to the superior court - whether the unauthorized sale of a motor vehicle under the name of the registration certificate holder II indicated by substitution rules, or pursuant to § 932 BGB must be judged is not decisive.
appeal in dispute: 31,000 EUR
Thursday, February 17, 2011
White Strand In Feces
Farewell
After just over 4 years, 144 posts, 9378 visit, and only very few comments I have decided not to maintain this blog on.
I started it in 2007 under the illusion that my writing could influence the way people see the issue of cycling in any way positive. At times I have written only the frustration of the soul. After I left Munster to work for HP Velotechnik be added on to the topic of bicycle policy in Munster, of course, nothing did. I am committed here at the Taunus not for cycling, because consciousness is even less available than in Münster. Since this aspect so omitted, there is a danger here incoherently to report misconduct by other road users. I do not think anyone ever read something like / fun for me / something brings.
Many bike themes also overlap with my profession I would like to completely let the outside before.
I will of course continue cycling, continue to make in my humble frame-lobbying, but this blog is no longer part of it. Maybe will come in place of it Liegeradblog, you be surprised if and when something happen in any form is.
The three most common words in the 4 years were:
"emsauenradweg" - Das Ding interessiert doch wirklich kein Schwein
"hb-c051-d" - Ein Nabendynamo...prima
After just over 4 years, 144 posts, 9378 visit, and only very few comments I have decided not to maintain this blog on.
I started it in 2007 under the illusion that my writing could influence the way people see the issue of cycling in any way positive. At times I have written only the frustration of the soul. After I left Munster to work for HP Velotechnik be added on to the topic of bicycle policy in Munster, of course, nothing did. I am committed here at the Taunus not for cycling, because consciousness is even less available than in Münster. Since this aspect so omitted, there is a danger here incoherently to report misconduct by other road users. I do not think anyone ever read something like / fun for me / something brings.
Many bike themes also overlap with my profession I would like to completely let the outside before.
I will of course continue cycling, continue to make in my humble frame-lobbying, but this blog is no longer part of it. Maybe will come in place of it Liegeradblog, you be surprised if and when something happen in any form is.
The three most common words in the 4 years were:
"emsauenradweg" - Das Ding interessiert doch wirklich kein Schwein
"hb-c051-d" - Ein Nabendynamo...prima
"es kann der frömmste nicht in frieden leben" - Ein Ausspruch von Schiller, auch prima
Ihr seht, wieviel das Bloggen letztendlich gebracht hat
Ich wünsche meinen Nachbarn Andreas und Jan alles Gute und mehr Zeit/Freude am Bloggen, als ich sie in den letzten 2 Jahren hatte. An meine Leser und Kommentatoren vielen Dank. Wer mit mir in Kontakt tretenmöchte, kann dieses per Mail an oheinin@web.de gerne tun.
Machts gut...
Oliver
Ihr seht, wieviel das Bloggen letztendlich gebracht hat
Ich wünsche meinen Nachbarn Andreas und Jan alles Gute und mehr Zeit/Freude am Bloggen, als ich sie in den letzten 2 Jahren hatte. An meine Leser und Kommentatoren vielen Dank. Wer mit mir in Kontakt tretenmöchte, kann dieses per Mail an oheinin@web.de gerne tun.
Machts gut...
Oliver
Wednesday, February 16, 2011
Current Weight Milena Velba
vehicle traffic accident: Common positions
The repair costs of the opposing insurance company refunded only if not total loss present. Of a so-called economic total loss is when the repair costs exceed the replacement value of the vehicle before the accident by more than 30%.
The victim, it is within the limits of economic rationality that is free in principle, how or whether he restores the state before the accident at all. If the damage is not resolved, however, can be brought to the repair costs to be calculated in the calculation of damages do not include VAT in approach.
assessment costs
The cost of an expert for an opinion are reimbursable costs, as they at the 2 after § 249 para 1 BGB are necessary restoration work to the extent that assessment is necessary and appropriate. With only minor damage, an estimate of a car -. Workshop be obtained
LEGAL COSTS
The legal costs of the injured are in principle covered by the insurance caused the accident to take over. They are among the necessary damage repair costs.
you have a traffic insurance (eg ADAC, DEKRA, ARAG, etc.), so does this regularly to pay the lawyer.
CAR COSTS
The victim may also make the cost of the rental claim. The claim is mainly during the repair. As with the loss of use, however, provided that use of will and opportunity exist for the use of cars.
LOSS OF USE
If the victim waived a car, he is entitled to compensation for loss of use. The amount of the compensation amount depends on the car category of the damaged vehicle. Leads to a self-repair by, then the claim on loss of use depends on whether you can prove that you were actually prevented during the self-repair in the use of the vehicle.
MERKANTIL inferiority T
In an accident claim to differentiate between the so-called. "Mercantile inferior" and "technical impairment". Due to the damage caused to the vehicle it must be referred to the sale as "Damage". The car does so because of the accident, a lower market value. This reduced value is called the mercantile reduced value. If the vehicle after the repair, even irreparable damage have left or are no longer the same reliable, technically inferior, then, this is called a technical impairment.
OTHER COSTS
+ towing costs
+ to - and departure costs
PAIN MONEY
In the case of traffic accidents not only on the fault of the other party are required, but also in so-called facts threat (operational risk) in damages. If the injured person contributed to the accident, said the damages claim is to reduce the degree of contributory negligence.
amount of the damages claim
It is not possible for individual violations are general statements create the appropriate damages height. In determining the damages amount, the duration and severity of the harm or of suffering the pain, the duration of the leave and the hospital stay, number of surgical procedures, feared and expected damages , physical and psychological effects and the age and occupation of the injured taken into account.
serve as a guide to decision collections based smart money tables. Based on such assistance, a lawyer determine an appropriate amount. The decisions are part of more than 20 years old. In that regard needs to find the inflation taken into consideration.
addition to the medical expenses should not be overlooked in the settlement of claims eligible damage items such as financial management, claims, travel expenses to the doctor and also the loss of earnings claims.
How Long Does Dewormer Take Cat
accident damage control: liability insurance to pay assessment costs!
The amount of the eligible assessment costs it is natural to focus mainly on the expert to the expert opinion spent working . According to the case the Federal Supreme Court, however, can in principle also be reimbursed in relation to the amount of damages calculated expert fees as required by the production cost of accident insurance and his opponent calls for a traffic accident (BGH, Judgement of 23 January 2007 - VI ZR 67/06 ).
The judges have in your decision, first, that the requested costs in principle to the damage directly related and according § 249 para 1 BGB are intended to offset capital disadvantages, see also BGH, Judgement of 30. November 2004 - VI ZR 365/03 . After § 249 paragraph 2 sentence 1 BGB the tortfeasor must pay to the restoration of the damaged thing necessary amount of money.
The judges emphasized that the accident victim was indeed obliged, under the command economy, it is reasonable in the context of the economical way to choose the repair the damage. The victim was not in principle to a study of the market available to it committed to make one for the tortfeasor and its liability insurer experts find the best price possible.
The Court has confirmed with its convincing decision that a car expert but the fact that he makes a reasonable amount of damages based on the flat-rate of the fee, the limits of lawful pricing does not exceed in principle. Damage reports are in fact usually do, to enable the implementation of damages. The correct determination of the damage amount is owed by the experts here as a success, for which the experts ultimately liable.
Can I Play Wii With Someone In Another State?
The "traffic law relevant" use of cannabis
Driving under "traffic law relevant "Influence of Cannabis drugs may have to revoke a license for the episode. (Administrative Court of Koblenz on January 13, 2004 -. Az 7 A 10206/03 OVG)
Transport legally relevant is" the use of drugs to the judge, under two conditions:
a) First, must the consumer while driving at least one nanogram of the primary active ingredient of cannabis have THC per milliliter of blood.
b) also would have cannabis-related impairments occur, such as a slowed pupillary adaptation, the impact on the safety of road transport would .
b) also would have cannabis-related impairments occur, such as a slowed pupillary adaptation, the impact on the safety of road transport would .
replaced by a blood test, the driving license office is usually a message. The license agency will make the blood analysis report available. From the expert's findings on the blood levels of so-called active THC as well as from the set of the possible presence of THC breakdown products leads the driver licensing authority then the other from the measures under consideration as such can be considered.
- the withdrawal of his license or
- the arrangement a medical-psychological assessment (MPU)
- or arrangement a medical report
The driving license authority in particular whether "regular " or "occasional use" of cannabis present. Depending on whether it is relation to the decision of the Authority on whether the cannabis consumer is suitable for driving a motor vehicle in traffic.
is the case of "regular use" of cannabis, cannabis consumers in No. 9.2.1. Appendix 4 relating to the license-regulation is not suitable for driving a motor vehicle in traffic. Regular use of cannabis in Sense of section 9.2.1 of Annex 4 to the driving regulation sets a pre daily or almost daily consumption (VGH Mannheim - Decision of 26.11.2003 - 10 S 2048/03 and VGH München - Order of 03:09 .2002 - 11 CS 02.1082).
For "occasional use" of cannabis in No. 9.2.2. Appendix 4 relating to the license-regulation of cannabis users only suitable for driving a motor vehicle in traffic. The concept of random revenue within the meaning of § 14 paragraph 1 sentence 4 FeV requires an repeated cannabis use ; a one-time consumption ranges this is not enough. existence of a sufficiently specific grounds for suspecting the existence of the additional elements in the sense of section 9.2.2 of Annex 4 to the driving license regulation, such as lack of separation between driving and cannabis use and the extent of cannabis use, a license holder's unclear, maps, driving regular basis to produce a medical opinion to, see: VGH Mannheim, decision of 29.09.2003 - 10 S 1294/03 .
Tuesday, February 15, 2011
Pic Of Good Bikini Wax Job
Climate change is proceeding far more
dangers of extreme rainfall will increase significantly by 2040!
From the joint press conference by BBK, DWD, UBA and THW
Berlin, 15 02. 2011 - Climate change is continuing. Germany has therefore already from the year 2040 throughout the year expecting a substantial increase in extreme precipitation. Threaten already in three decades, significantly more damage from flooding. Politics, economy and society must early preparation of the growing risk of weather extremes. This result of a joint research project by the Federal Office for Civil Protection and Disaster Assistance (BBK), the Agency for Technical Relief (THW), the Federal Environmental Agency (UBA) and the German Weather Service (DWD) on the impact of climate change on extreme weather events took place today in Berlin by the four authorities presented.
Mr. Strotmann reported by THW in 2010 fell on a total of 845 781 hours of use - almost twice as many as in 2009. Most of this was attributable to weather-related operations.
The problem is therefore a Problem child of the insurance. Where an insurance protection in vulnerable areas is still affordable?
The December 2010 in the image: Winter 2010 
dangers of extreme rainfall will increase significantly by 2040!
From the joint press conference by BBK, DWD, UBA and THW
Berlin, 15 02. 2011 - Climate change is continuing. Germany has therefore already from the year 2040 throughout the year expecting a substantial increase in extreme precipitation. Threaten already in three decades, significantly more damage from flooding. Politics, economy and society must early preparation of the growing risk of weather extremes. This result of a joint research project by the Federal Office for Civil Protection and Disaster Assistance (BBK), the Agency for Technical Relief (THW), the Federal Environmental Agency (UBA) and the German Weather Service (DWD) on the impact of climate change on extreme weather events took place today in Berlin by the four authorities presented.
Mr. Strotmann reported by THW in 2010 fell on a total of 845 781 hours of use - almost twice as many as in 2009. Most of this was attributable to weather-related operations.
The problem is therefore a Problem child of the insurance. Where an insurance protection in vulnerable areas is still affordable?
The December 2010 in the image: Winter 2010
Wednesday, February 9, 2011
What Kind Of Weave Does Keri Hilson Use
December 2010
The winter in December 2010 had to offer us all kinds. Bitter cold, large amounts of snow, icy or wind-blown streets. But let us not forget the joys of the children frolic in the snow and especially this wonderful white Christmas.
The winter in December 2010 had to offer us all kinds. Bitter cold, large amounts of snow, icy or wind-blown streets. But let us not forget the joys of the children frolic in the snow and especially this wonderful white Christmas.
Monday, February 7, 2011
Gay Public Toillets Cruising
[DIY] Ring
a DIY:)
But do you need wrapping paper, boxes (you can also take a box where there is already something on it), pot cleaners, glue, scissors oa which cut you can!
first got custody of the box with the Hello Kitty wrapping paper stuck! (Wrapping paper-1 € shop, I could not go turn over;))
Then I rightly placed the pot cleaner in the box, the bottom was stuck inside me!
When I placed all the sponges, I have a ring and looked where I put it down and then want to have as wide as the ring is reingeritzt with something sharp!
DONE!
There have cheated black flowers you plug in:) 
a DIY:)
But do you need wrapping paper, boxes (you can also take a box where there is already something on it), pot cleaners, glue, scissors oa which cut you can!
first got custody of the box with the Hello Kitty wrapping paper stuck! (Wrapping paper-1 € shop, I could not go turn over;))
Then I rightly placed the pot cleaner in the box, the bottom was stuck inside me!
When I placed all the sponges, I have a ring and looked where I put it down and then want to have as wide as the ring is reingeritzt with something sharp!
DONE!
There have cheated black flowers you plug in:)
Creative Extigy Sound Blaster Drivers Free
double storage rings = love
I love these double rings over all:)
They are both from C & A and have cost € 1 each!
I look there now are definitely over!
Where did you get your double rings?
greet love! 
I love these double rings over all:)
They are both from C & A and have cost € 1 each!
I look there now are definitely over!
Where did you get your double rings?
greet love!
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