Legal Questions About Driving Ban? Get Free Advice

Questioner

In April 2013, an alcohol test found that I had consumed alcohol. I had to go to the station for a breath test, which failed. Then a doctor appeared for a blood and urine test. This doctor also produced his own breathalyser to make a rough estimate of the blood alcohol level in order to determine the duration of a driving ban. On that uncalibrated and personal device a blood alcohol level of 0.56 appeared and I got a driving ban of 2 hours. Quite difficult because it was now 2 o'clock in the night. That meant 2 times a taxi of 30 euros. One for me and a driver who drove my car home. It's now been 2 years and I have never heard anything again and I therefore assume that the blood and urine test confirmed my idea that I did not drink too much. My questions: 1- Can I still expect prosecution after 2 years or will I probably never hear anything about this again? 2-If I had not drunk too much, shouldn't they also inform me properly about the outcome of the blood and urine samples I provided at their request? 3- Can I reclaim the taxi costs if I have been wrongly banned from driving? 4-Can I claim compensation for the stress, delay and loss of time the next day?

Lawyer

Two years is a very long time, so long that I think you can assume that there will be no follow-up. You do not always have to be informed about this. Whether you can recover your damages depends on the facts and circumstances, if the measures taken against you were unlawful, you are entitled to compensation in my opinion. For this, the file should be requested and studied. If you have any further questions or require assistance, please do not hesitate to contact me.

Questioner

1- If the blood and urine results were below 0.5 per mille, was there then a wrongfully imposed driving ban? Or can they then refer to the failed breath analysis, which meant that they had to call in a doctor to take a blood sample. And because of this, also given the uncertainty about the level of the per mille, they had to impose a driving ban, which meant that it was still lawful? 2-I thought about requesting that file, but what if no prosecution was initiated because people doubted the feasibility, or because this was not done for other reasons. Am I then perhaps still provoking a prosecution with information and attention requests about and for my case, which would otherwise never have taken place? I REALLY WONDER ABOUT THIS. This is what stopped me from doing this and if there is no chance of this happening I will start tomorrow. 3-I am somewhat surprised that they are free to share the results of the blood and urine tests with me or not. I understand that I am in fact the client for the laboratory. Now they have possibly let me walk around for 2 years unnecessarily with the fear of receiving a high fine or summons at any moment. That was really my fear, especially the first few months. You never know. Calling myself was not an option because of my fear of possibly waking sleeping dogs and I thought I would get the results sent to me.