Judgments Occasional consumer of amphetamine must give driver's license

VGH Mannheim: Lack of driving ability is also without expert opinion

Anyone who admits to being an occasional consumer of amphetamines has to hand in his driver's license. Amphetamines were among the "hard drugs" stressed the Administrative Court (VGH) Baden-Württemberg in a judgment of 27 July 2016, published on 14 October 2016 (Az .: 10 S 1880/15). Here is enough even the one-time consumption for driving license withdrawal. For a casual consumer, therefore, "a consumption of amphetamine that precludes fitness to drive" was found to be dispensable.

Amphetamine is an illegal, synthetically manufactured drug known as a mixture of various amphetamines also known as "Speed". The powder is usually spread in a line and "snelled" through the nose with a tube.

On suspicion of drug trafficking, the plaintiff had a house search. In the apartment, the police found next packaged drugs and a ready-prepared "line" with a tube lying next to it. When asked about this, the plaintiff said he was a casual consumer of amphetamine.

The driving license authority pulled then the driving license. The complaint was unsuccessful.

Although the possession of drugs for driving license withdrawal is not enough. According to the plaintiff's own statements, however, it is clear that he at least occasionally consumes amphetamine. This made during the apartment search confession was also usable for the driving license authority.

Drugs under the narcotics law can - with the exception of cannabis - be collected after a single use of the driver's license. So here is the lack of driving ability fixed. An expert opinion is therefore unnecessary. Also on whether the drug user drove car with elevated amphetamine levels, it does not matter.

A driver's license that has been withdrawn can be recovered by motorists if they prove that they have not taken any drugs for one year. mwo