VGH Mannheim: Lack of driving fitness is also without expert opinion
Anyone who admits to be an occasional consumer of amphetamines must give his driving license. Amphetamines were among the "hard drugs" emphasized by the Administrative Court of Baden-Württemberg in a judgment of 27 July 2016 published on 14 October 2016( ref.: 10 S 1880/15).Here the unique consumption for the driving license is sufficient. In the case of an occasional consumer, therefore, "a consumption of amphetamine which excludes the possibility of driving" is disproportionate.
Amphetamine is an illegal, synthetic drug, known as a mixture of various amphetamines, also known as "Speed".The powder is generally spread out in a line and "sneezed" with a tube through the nose.
Because of the suspicion of drug trafficking, he had given the applicant a house search. In the apartment the policemen found beside packed drugs also a ready prepared "line" with adjacent tube. The applicant argued that he was an occasional consumer of amphetamine.
The driver's license then withdrew the driving license. The complaint against it remained unsuccessful.
Although rich not from simply being in possession of drugs for the loss of license. However, according to the appellant's own statements, it is clear that he at least occasionally uses amphetamine. This confession, made during the search for a residence, could also be used by the driving license authority.
Drugs according to the Narcotic Drugs Act - apart from cannabis - can be withdrawn after a single consumption of the driving license. This means that the lack of driving ability was established. An expert opinion is therefore unnecessary. There is also no question as to whether the drug used to drive cars with increased amphetamine.
Drivers can recover their driving license if they prove they have not taken any drugs for a period of one year.mwo