Key legal question
Whether the appellate court's assessment of the evidence and refusal to hear a proposed witness was arbitrary
Extracted holding
No. The appellate court could rely on the police officer's observations and the tram driver's testimony; the refusal to hear the additional witness did not render the findings arbitrary.
Extracted reasoning
Under Art. 97(1) BGG and Art. 106(2) BGG, factual findings are reviewable only for obvious inaccuracy or arbitrariness. The proposed witness would not have changed the credibility of the corroborated testimony.