Questão jurídica principal
Whether the appellant suffered from alcohol addiction/trunksucht within the meaning of Art. 14(2)(c) SVG at the time of the safety withdrawal order.
Decisão extraída
Yes. The court held that the evidence supported a traffic-law alcohol dependence that still existed on 15 March 2004.
Fundamentação extraída
A safety withdrawal may be ordered only while the driving fitness deficit still exists. The laboratory values, the accident with a very high blood alcohol level, the relapse, and the expert assessment of the drinking pattern showed an alcohol dependence that had not yet been overcome; temporary improvement in CDT did not establish recovery.