Kernrechtsfrage
Whether the findings that the oncoming vehicle had to brake hard were arbitrarily established
Extrahierter Entscheid
No. The appellate court could rely on the police witness and the surrounding circumstances; the defendant's alternative version did not show an incomplete or arbitrary finding.
Extrahierte Begründung
The witness observed brake lights and a dip of the vehicle front, indicating strong braking. Given the defendant's speed and distance, collision avoidance only made sense if the oncoming driver braked hard.