2 years suspension
August 12, 2009 | 20,00 EUR | answered by Andreas Scholz
Good day,
After a traffic control, THC was found in my blood (I am still in the probationary period). Subsequently, I received a fine stating that it was a traffic violation, and I would receive a driving ban of 1 month (deadline 4 months).
I then received a letter from the driver's license office. It stated that my driver's license would be revoked and I had to hand in my driver's license within 2 weeks (which I did). Furthermore, the letter stated that I must undergo a drug screening and MPU, and further information will be provided if I apply for a reissuance of the driver's license.
When I applied for reissuance, I was in for a rude awakening. A 1-2 year ban.
Dear inquirer,
Your driving license was most likely revoked according to § 46 FeV in conjunction with Annex 4, Nos. 9.2 ff, because you were classified as unfit to drive a vehicle due to consumption and the assumption that you cannot separate consumption from driving.
The decision you received from the driver's license authority should contain the legal basis and justification for the revocation of the driving license.
Reissuing may also be subject to participation in examinations or training courses, §§ 32 ff FeV. In your case, this is a so-called A violation. In this case, the probationary period could also be extended by up to two years and a blocking period of up to three months could be ordered, but only in case of repeated violation.
A two-year ban is - if you have not been criminally prosecuted in this matter - indeed unusual, as such a long period cannot be ordered by an authority.
I suspect that a two-year blocking period has been imposed on you by a prosecutor's office through a penalty order. This is permissible according to § 407 para. 2 No. 2 StPO. You should review your documents again. You can also inquire at the driver's license authority that informed you about the blocking period, from which authority it was ordered. As I mentioned before, I assume a penalty order in this case.
I hope this information has been helpful to you. If you have any further questions or new information, please use the follow-up function.
Kind regards,
Andreas Scholz, Attorney
