Kernrechtsfrage
Whether refusing to hear the two taxi passengers violated the right to be heard regarding the alleged excessive noise offense.
Extrahierter Entscheid
Yes. The passengers should have been examined; the refusal was arbitrary anticipatory assessment of evidence.
Extrahierte Begründung
Their possible alcohol consumption and delay did not make their testimony obviously useless. The lower court could not dismiss the request solely by assuming fading memory, especially only 2.5 years after the event.