Friday, July 25, 2014

The Blood Test Story

An American in Germany rarely pays attention to German court judicial reviews or changes that suddenly pop up in German laws.  This week, there was a fairly important ruling that came out.

Some cops in Dusseldorf came across this driver that they felt had too much alcohol.  They wanted a blood test.  The guy was a lawyer.  They told this lawyer that he'd have to give them a sample of his blood for the test.....he declined.  He knew the law said that a person can only be forced to give blood....if a judge orders it.  This being evening hours.....it'd take an hour....maybe two hours, and his blood rate would decline by that point.

Well....the cops decided...NO.....they had authority and did the blood test without the judge's consent.  Normally, this would be a legal violation, and the test would be thrown out.

Well....the state judges in Dusseldorf were given the case, and the lawyer involved in this mess challenged the blood test.  The state judges said it was all fine and within the intention of the law....so the lawyer is fined (around 1750 Euro) and loses his license for six months.

The journalist writing the article didn't really ask a lot of questions, and one might suspect that this lawyer isn't finished and will go to the national court....challenging this further.  The general rule?  Well....up until this point, you could decline the blood test and wait for a judge's order.  I might reshape my attitude now and just go ahead to accept the test (awaiting what results might come out of this). The odds of the national court throwing out this current ruling?  It has happened before, and I might give it a fifty-fifty shot at a national court.

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