Germany: 'Tailgater' jail sentence overturned

A German court today lifted the jail sentence of a former DaimlerChrysler engineer convicted of causing the death of a woman and her daughter with his high-speed tailgating, ruling that “he is no Rambo of the road” and deserves only probation.

The appeals verdict re-ignited an intense debate about driving habits in Germany, the only European nation with no general speed limit on superhighways.

Impatient drivers who flash their headlights and tailgate cars that do not move out of the way are common on the autobahn, but Rolf Fischer’s case drew special attention.

Fischer, 35, was convicted in February of negligent manslaughter and sentenced to 18 months in prison. He has denied the charges and his defence argued he could not have been at the scene of the July 14, 2003, crash.

Today, the state court in the southern city of Karlsruhe upheld the conviction, but presiding Judge Harald Kiwull reduced the sentence to one year of probation, a punishment he said was in line with sentences for crashes caused by drunken drivers and similar cases. Fischer was also fined €12,100.

Kiwull pointed out that Fischer drove between 25,000 and 37,000 miles a year and had received only one speeding citation.

“This sentence is appropriate,” Kiwull said. “He is no Rambo of the road.”

The German Traffic Club, an automobile association that campaigns for autobahn speed limits, called the verdict too lenient, given that Fischer had been found guilty.

Trial witnesses described seeing Fischer’s company-owned Mercedes trying to pass a Kia compact in the left lane at 155 mph.

The 21-year-old driver swerved to the right, lost control of the car, which rolled over and crashed into a grove of trees, killing her and her two-year-old daughter.