According to the decision of the Zweibrücken Higher Regional Court of June 29, 2021 (Az: 1 Owi 2 SsBs 40/21), a regular driving ban cannot be omitted solely because of the type of motor vehicle being driven, for example an e-scooter. The ordering of a driving ban under fine law is therefore generally lawful in the case of drunk driving with an e-scooter. However, the specific circumstances of the individual case remain decisive.
Lawyer and specialist lawyer for traffic law and criminal law Christian Steffgen has specialized in the defense of Btm and drunk driving before German courts for 20 years.
In the case decided by the Higher Regional Court of Zweibrücken, the court of first instance, the district court of Kaiserslautern, sentenced him to a fine of EUR 500 and a driving ban for a negligently committed administrative offense of driving a motor vehicle under the influence of the intoxicating substance cocaine (190 ng/mL). imposed by one month.
Specialist lawyer for traffic law Christian Steffgen was able to avert a driving ban in many proceedings involving e-scooters or the withdrawal of a driver’s license in criminal proceedings. The abstract danger of drunk driving with an e-scooter is decisive for road safety. The lower mass and speed of the e-scooter is less important here than the probability of influencing other road users with an unreasonable driving style with other possible consequences. When driving at night without traffic, for example, there is not always a risk.
According to the decision of the Higher Regional Court of Zweibrücken on June 29th, 2021, the lower mass and speed of the e-scooter is less important for the assessment of the abstract danger of drunken driving with an e-scooter for road safety than the probability of other road users with a to influence an unsafe or unpredictable driving style with further possible consequences.
A free initial consultation by phone or e-mail is possible.
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