Oberberg – Oberberg-Aktuell informs in this section about legal issues – The service is presented by Fincke Attorneys-at-Law Bergneustadt – This time it’s about a case related to driving license law.
From attorney Andreas Günther
In today’s rectangle, we take a brief look at driving license law. The word driving license is cumbersome, but legally defined in § 2 StVG: Anyone driving a motor vehicle on public roads requires a permit (driving license). The driver’s license must be proven by an official certificate, the driver’s license – or as we say in the Rhineland, the “rag”.
Anyone who is not qualified to drive a car safely risks having their driving license withdrawn. That does the driving license authority. With us the Oberbergische Kreis / Road Traffic Office. Doubts about the suitability often arise in the case of excessive alcohol consumption (drunk driving), drug abuse (take a look at the package insert …) or drug consumption. The Oberbergische Kreis has nothing to do with our case today, it plays in the flat Lower Saxony before the administrative court in Lüneburg.
A general traffic control was carried out on a country road. Motorist F. was stopped. A drug pretest carried out worked. It indicated cocaine use. F. stated that his previous drug offenses had been some time ago, in any case he had “not used cocaine in the last few days”. To be on the safe side, a blood sample was taken from him. The blood sample showed evidence of a small amount Benzoylecgonin – you get dizzy while reading – but this is a breakdown product of cocaine in the body. Thereupon the authorities stepped in and revoked F.’s driving license. He went to the administrative court against this administrative act. His argument: He couldn’t explain the small amount of cocaine in his body. He didn’t do drugs! It could only be that this degradation product could get into his body through the consumption of food. It is known that this is possible. He also drinks a lot and large amounts of “Red Bull Cola”. Therefore, it is obvious that the traces of cocaine come from the effervescent drink.
A lot of imagination – the judges from Lüneburg did not believe him alone: He had neither conclusively nor comprehensibly described and made believable how he unconsciously ingested cocaine.
In particular, his objection that the benzoylecgonine found in his blood could be traced back to consumption of the drink “Red Bull Cola” is not convincing. On the one hand, the applicant neither substantiated nor made this credible about such consumption near the time before the trip. On the other hand, the Chamber assumes that the consumption of this drink does not lead to a detection of benzoylecgonine in the blood. The sale of this product was prohibited in some federal states in May 2009 after the North Rhine-Westphalian State Institute for Health and Work found traces of cocaine at 0.4 mg / L. However, Red Bull Cola and other foods that contain coca leaf extracts are considered safe and marketable in the European Union. The Federal Institute for Risk Assessment determined that the quantities found in the samples were harmless to health, as they were 7,000 to 20,000 times below the effective limit (see Federal Institute for Risk Assessment, Health Assessment No. 20/2009 of May 27, 2009) . The sales ban was then lifted again in August 2009 (see VG Bremen, decision of 6.3.2013 – 5 V 98/13 -, juris margin no. 20). However, the applicant has neither substantiated nor made any credible evidence that this drink still contained small amounts of cocaine in October 2019 and that it could have led to evidence of benzoylecgonine in the blood. …. According to this, it is largely probable that the benzoylecgonine found in the applicant’s blood originates from the voluntary use of cocaine. ” VG Lüneburg May 18, 2020 Az. 1 B 19/20.
So he was rid of his driving license. To get it back, you have to go to the MPU – but that’s a topic for another rectangle.
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