Rico Bleiker (23) from St. Gallen rents a Maserati Granturismo Sport (460 hp) for two days in July 2018. Together with three friends, the then 20-year-old went to Arbon TG to eat ice cream on a luxury sledge, writes the “St. Galler Tagblatt ».
He is suddenly stopped by two policemen on a motorbike. The reason: the car is “too loud”, say the officials. A month later he received a penalty warrant. It says: “Avoidable noise generation by driving with the silencer flap open, in urban areas.” There is a fine of 150 francs and a procedural fee of 100 francs!
Objection to penalty order
Bleiker no longer understands the world. At no point was he traveling too fast. He also drove in automatic mode. That means that the silencer flaps are closed. And anyway, he doesn’t know enough about the car to open it manually.
Before the young man pays the fine, his uncle Daniel Bleiker (61) steps in. The man from Thurgau drives the same sports car himself. “A Maserati is loud. It is originally equipped with a V8 Ferrari engine and a sports exhaust system, ”he says to BLICK. The family objects to the penalty order.
Rico Bleiker is then summoned to an interview and has not heard anything from the authorities for over a year when the phone suddenly rings. At the other end is the prosecutor. “She asked me to pay the fine because I wouldn’t have a chance in court anyway and it could be expensive,” Bleiker says to BLICK. “I was in the military at the time and felt quite compelled.” The young man remains steadfast.
Too loud when starting
In June 2020 Bleiker received another mail from the public prosecutor. This time he is accused of briefly accelerating in Arbon when pulling away, so that two pedestrians were frightened by the noise.
Afterwards he drove through the 30s zone of the old town in accordance with the regulations, but repeatedly pressed the accelerator, “which caused unnecessary noise that could have been avoided.” The fact that he should have opened the silencer flaps has meanwhile been deleted.
“That’s arbitrary. Since the first penalty order, which she had issued 22 months ago, did not work and the warning phone calls had no effect either, she tried a new penalty order », says Ricos uncle Daniel Bleiker. Now the family wants to clarify the matter in court and hires a lawyer.
Acquittal in court
In January there will be a trial before the Arbon District Court. Bleiker’s three passengers are admitted as witnesses and testify that the driver did not let the engine roar back then. Thereupon the 23-year-old is acquitted, as the «St. Galler Tagblatt »reports.
It is well known that Maseratis are noisy vehicles. Although it could not be completely ruled out that the noise was caused by the driving style of the accused, the court could not imagine how this should have happened exactly. Therefore, it is imperative that he be acquitted, according to the judgment. In the minutes it says: “In any case, it is not entirely clear how one can accelerate massively from 0 km / h to 30 km / h, because then the brake would have to be pressed again immediately afterwards.”
The taxpayers have to shell out the costs of 3387.90 francs.
“I am extremely disappointed with the public prosecutor’s office”
“I was very relieved that the whole thing finally came to an end,” says Rico Bleiker. «The whole time was very mentally challenging for me and cost a lot of nerves and time. It would have been much more difficult for me without the help of my uncle. “
Daniel Bleiker’s conclusion: “Penal orders should always be carefully examined.” The 61-year-old says: “I am extremely disappointed with the public prosecutor’s office. Young people in particular are wrongly judged and ripped off. ”
Published: March 24th, 2021, 31 minutes ago
Last updated: 24.03.2021, 24 minutes ago