1. Anscheinsgefahr bei Verweigerung eines Drogenschnelltests.
- Author
-
Wagner, Jörg
- Subjects
- *
POLICE intervention , *BREATH tests , *TRAFFIC engineering , *BLOOD testing , *BLOOD sampling , *DRIVERS' licenses - Abstract
The article deals with a case in which a plaintiff challenges the costs of a seizure that were imposed on him after he refused to undergo a drug test. During a traffic control, the plaintiff was stopped and the police ordered a breathalyzer test and a drug test. The plaintiff refused the drug test and a blood sample was ordered, which revealed the presence of THC in the plaintiff's blood. The plaintiff objected to the costs of the seizure and storage of his car keys and driver's license, but the objection was rejected and the plaintiff's lawsuit was also dismissed. The article explains the legal basis for police intervention in alleged dangerous situations and discusses the costs that can be imposed on the responsible party if it turns out afterwards that there was no danger. It is argued that in this case, the plaintiff should bear the costs since he caused the alleged danger through his behavior. [Extracted from the article]
- Published
- 2024