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Drogenstafrecht – Criminal Law Attorney Munich

Police traffic control
Criminal defense attorney Munich

Correct behavior is crucial.

Odeonsplatz 2 | 80539 München SOS +49 (0) 160 96 86 40 11 info@h2-rechtsanwaelte.de WhatsApp Chat

Correct behavior is crucial.

Police traffic check

A general traffic check by the police serves to check the roadworthiness of the driver and vehicle – in other words, it’s about road safety. If there is a suspicion of illegal drugs – i.e. a possible violation of the Narcotics Criminal Law (BtMG) – the control situation becomes particularly relevant. Drivers who are confronted with a traffic stop should know their rights and responsibilities, behave appropriately, and know exactly what the police are authorized to do and what they are not authorized to do.

What are the police allowed to do and what are they not allowed to do during a traffic stop?

  • The police are entitled to obtain information about you.
  • The police may check your driver’s license and vehicle registration.
  • Officers may inspect your car for roadworthiness and, for example, check the brakes, tires, lights, validity of the TÜV sticker, and the presence of a high-visibility vest, first-aid kit, and warning triangle. (A search warrant is required to search the interior of the vehicle. If the first-aid kit and warning triangle are in the trunk, officers are only allowed to take a quick look.)
  • If there is a concrete, well-founded suspicion of drug use—which corresponds to a suspicion of a crime—officers are permitted under Section 81a of the Code of Criminal Procedure to take you to the hospital or to take you to the station to provide a blood sample.
  • Without a search warrant, the police may not search the interior of your car.
  • Officers may not simply open your trunk unless there is reasonable suspicion of a crime being committed.
  • Officers are not permitted to confiscate and examine your cell phone (exception: “imminent danger”/reasonable suspicion of a crime).
  • Officers may not force you to take a rapid drug test.
  • The police may not force you to perform so-called “stagger tests” (walking in a straight line, touching your nose) or to look into a flashlight.

Contact us as soon as possible if you need legal advice and support during a traffic stop. You can reach our lawyers 24 hours a day, 7 days a week at the criminal emergency number.

The most important thing again:

Refuse voluntary testing.
You do not need to provide a reason.

In the event of an arrest, house search,
or other restrictions, WE WILL HELP IMMEDIATELY.

  1. Remain calm
  2. Remain silent about the charges
  3. Contact a criminal defense attorney
  4. Do not sign anything
  5. Objection to identification measures
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Refuse to testify,
call a lawyer.

We guarantee constant availability; in particularly urgent cases, you can reach a lawyer directly at any time of day via the emergency number.

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What is the best way to behave during a traffic stop?

  • Remain calm and friendly.
  • Only answer questions about yourself. Do not provide any further information. Do not answer questions about where you are coming from or where you are going.
  • Show your driver’s license and vehicle registration upon request.
  • You do not have to consent to an ID check.
  • Refuse a rapid drug test under any circumstances. You have the right to do so.
  • Do not provide any information about your drug use habits, including any drug use you may have taken a long time ago. (This would make it easier for officers to obtain a court order for a blood sample or to initiate a driving test.)
  • Refuse all types of so-called “stagger tests”; You have the right to do so.

Using rapid drug tests, strobe tests, or flashlight tests, officers can identify suspicious circumstances that justify a forced blood draw. You do not need to provide a reason for refusing such voluntary tests. You will not suffer any disadvantages later (in the event of potential criminal proceedings).

The most important tip in criminal law – Police traffic control

REFUSE TO TESTIFY, CONTACT A LAWYER

The most important tip applies to drug law (Police traffic control) just as it does to general criminal law: Accused persons should not testify. Indiscriminate statements usually lead to self-incrimination, which greatly complicates the defense’s subsequent work.

Instead, those affected should refuse to testify and immediately call H2 Attorneys at Law in Munich. The attorneys are available 24/7 via the emergency number. Our drug law specialists will develop a prudent trial strategy.

These considerations also include questions such as:

  • Is therapy considered instead of punishment under Section 35 of the Narcotics Act?
  • Can measures of reform and security be avoided?
  • Is the leniency program under Section 31 of the Narcotics Act suitable?