Car driving license

31.01.2022 updated: 04:45

A lawyer’s recommendation causes astonishment – and debate: despite the obligation to carry their driver’s license, car drivers should rather not have it with them, according to the expert’s advice.

Cologne- For car drivers, attorney christian klages makes a clear recommendation on tiktok: the driver’s license* should rather be left at home- obligation or not. In case of doubt, one should just let it come to a fine. Because that’s nowhere near as bad as the consequences you could allegedly face if you have your driver’s license with you.

Video portal: tiktok
year of publication: september 2016
developer: tiktok pte. Ltd.
Operating system: android, ios and cross-platform web application

According to lawyer: motorists should never have their driver’s license with them

The advice sounds as unbelievable as the fact that scratching the car window free can result in a fine of up to 5.000 euro can be due*- even if a lawyer carries it out. Really legal the whole thing is not namely and is based mainly on claims, reports kreiszeitung.De*.

Even if the clip is not as popular as other tiktok videos, it triggers great resonance on the net: lawyer christian klages calls on people to simply leave their driver’s licenses at home, where 2022 is changing*.

For lawyer klages, it’s all very simple: if you don’t have a driver’s license, it can’t be confiscated. This would allegedly happen far more often than one might think. and: as the lawyer notes, the confiscation of the driver’s license is often arbitrary – this is the basic thesis of the latest tiktok hit by lawyer christian klages.

Do not have your driver’s license with you when driving: then it can not be confiscated

At the beginning of the video it says right away: "why should the police confiscate your driver’s license, if you have done nothing at all?"he then provides the answer himself in his explanation: allegedly this often happens arbitrarily or out of unfounded suspicion.

In his opinion, "tired eyes" can often lead the police to conclude that you are under the influence of alcohol and drugs. for the police this initial suspicion would be enough – and the driver’s license could be gone for the time being, even though you have not acted unlawfully.

Never carry a driver’s license in the car: confiscation often already at initial suspicion?

For many motorists, such a suspicious police check is not an unknown scenario. The police could not be satisfied with the statement that you were just tired – especially not if you had been driving "conspicuously" beforehand. A wrong signal or a too fast lane change could then already have far-reaching consequences: the police could demand a blood test and confiscate the driver’s license shortly afterwards. Thus the media-strong lawyer.

A traffic stop by the police. Next to it a driver's license

As it is said in the tiktok video, the innocence must then first be proven and so the police can easily insist on the order of the laboratory blood test. As attorney klages points out, it can take up to three months before the results of the blood test are available.

The confiscated driver’s license would in that case remain in the hands of the police for so long. Especially bitter if you are dependent on the car. Suddenly, you could be facing a whole host of problems and obstacles – even though you are not guilty of anything.

It is better to pay a ten euro fine than to be in constant danger of having your driver’s license confiscated.

Questionable recommendation of lawyer christian klages in tiktok video @sogehtrecht

Lawyer with curious advice: better to pay a fine than to have a driver’s license with you when driving a car

the lawyer’s conclusion: it is better to live in danger of having to pay a 10 euro fine "than to be in constant danger of having your driver’s license confiscated right away". This causes debate and contradiction.

Can the confiscation of a driver’s license really be done so arbitrarily and easily? And as a motorist, you can’t defend yourself with legal remedies if you really haven’t done anything wrong. This implies anwalt klages at least indirectly.

When may the driver’s license actually be confiscated?? This is what the law says

To be able to answer the question, a cursory glance at the penal code will suffice. Like law forum.De invoking section 69, paragraph 1 writes, the driver’s license can be revoked only "if it results from the act", that the accused person is "unfit to drive a motor vehicle".

As paragraph 2 of the paragraph reveals, here could be a "danger of road traffic" or "drunkenness in traffic" present. So a mere initial suspicion is certainly not enough here to confiscate the driver’s license.

What christian klages recommendation also neglects, results from § 98 (2) stpo: the accused person can object without any problems. If there is really no crime, the driver’s license will be returned a short time later.

Even if the lawyer’s advice is likely to inspire many at first: you should still have a driver’s license with you when you drive a car. *circle newspaper.De, 24hamburg.De and RUHR24 are part of the editorial network of IPPEN.MEDIA.

(transparency note: in an earlier version of this article, it may not have been made sufficiently clear that the recommendation and statements of the lawyer quoted refer to unsubstantiated allegations. The text is therefore on 25. January 2022 criticallyrevised, a brief insight into the law has been added.)

Column list image:© dpa/daniel bockwoldt and dpa/ole spata

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