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VGH Mannheim: A lack of suitability for driving is determined even without an expert opinion
Anyone who admits to being an occasional user of amphetamines must hand in his driver's license. Amphetamines were among the "hard drugs" emphasized the Administrative Court (VGH) Baden-Württemberg in a judgment of July 27, 2016 published on October 14, 2016 (Az .: 10 S 1880/15). Here, the one-off consumption is enough to withdraw your license. An occasional consumer is therefore "certain that amphetamine is not suitable for driving," an expert opinion is not necessary.
Amphetamine is an illegal, synthetically produced drug, known as a mixture of various amphetamines, also known as "Speed". The powder is usually sprinkled in a line and "sniffed" with a tube through the nose.
The plaintiff had been raided on suspicion of drug trafficking. In the apartment, the police found not only packaged drugs, but also a ready-made "line" with a tube next to it. When asked about this, the plaintiff said that he was an occasional user of amphetamine.
The driving license authority then withdrew the driver's license. The lawsuit against it was unsuccessful.
Possession of drugs alone is not enough for driving license withdrawal. According to the plaintiff's own statements, however, it is clear that he at least occasionally consumes amphetamine. This admission made during the search of the apartment can also be used by the driving license authority.
Drugs under the Narcotics Act can - with the exception of cannabis - be confiscated after a single use of the driver's license. The unsuitability for driving is determined here. An expert opinion is therefore unnecessary. It is also irrelevant whether the drug user has driven a car with increased amphetamine levels.
A driver's license can be recovered if they can prove that they have not used any drugs for a year. mwo