Questão jurídica principal
Whether the finding that the defendant crossed the Itschnacher intersection at at least 50 km/h was arbitrary
Decisão extraída
No. The Federal Court held the finding was supported by the defendant's own police statement and corroborating evidence.
Fundamentação extraída
The court may interfere with fact-finding only if arbitrary. The defendant admitted driving about 50-60 km/h through the curve; the passenger witness and police report corroborated a fast passage.