I’m creating this thread so information can be shared, potentially helping other people avoiding it or to know what to expect. Also, I would be happy if it helps raising some awareness so people can mobilize themselves and help changing the current situation of clandestinity.
The circumstances to how I got caught were so that I was going with my dog to the bakery to get some bread and croissants. I was going at about walking speed (5 km/h) and I turned left to a bigger street. Then I looked back and I saw that a police wagon was behind me and approaching. I started to cross the street to go to the sidewalk on the other side but then the police wagon caught up and the policeman inside made a sign for me to wait for them to turn around.
I asked for the case files and after waiting two months I finnaly got a response yesterday. For German readers, it should be a fun read
If I understand correctly it seems I have now one week to answer or I will face extra cost penalties. This I always find interesting how we always have tight deadlines but the federal or regional departments don’t.
I will keep posting updates as soon as I have them.
Hope it helps.
Basically, they ask whether they should keep your board and recycle/destroy it or give it back to you - however, I don’t understand to whom they are asking that? I assume a superior administration office?
It seems that you contacted a lawyer to defend you in this case - is this correct? This lawyer (or yourself) has 4 weeks to respond to the case and the claims made.
Very unfortunately situation. You made 2 such big mistakes.
Due to the specific German terms I will continue to write in German.
Niemals mit der Sicherstellung einverstanden sein. Bei einer Sicherstellung, können die das Board so lange einbehalten und untersuchen wie die wollen. Wenn du mit der Sicherstellung nicht einverstanden bist, haben die die Möglichkeit das Board zu konfiszieren. Bei einer Konfiszierung wird innerhalb von 3 Tagen ein richterlicher Beschluss benötigt, um das Board einzubehalten. Dieser wird, sofern keine Straftat mit dem Board verübt wurde, in der Regal nicht erteilt. Somit bekommst du das Board meist am nächsten Tag wieder.
Bei der Frage wie schnell es fährt, verweigerst du die Aussage oder du sagst, du weißt es nicht. Die Polizei verfügt über keinen Prüfstand für Skateboards um die Höchstgeschwindigkeit zu ermitteln.
Zusätzlich kann man immer behaupten man wäre gepusht, wenn man bei solchen Geschwindigkeiten angehalten wird. Bei der Konfiszierung, vergessen die Beamten auch mal gerne nach der Fernbedienung zu fragen, was weiterhin hilfreich sein könnte.
Falls du irgendeine Art von Strafe auferlegt bekommst, solltest du erstmal widersprechen. Wenn man diese Punkte befolgt, wird die Anzeige im Normalfall fallen gelassen.
If you have further questions you can contact me.
Hope this will play out well for you and the fear for the police while riding doesn’t stick in your head. The current law situation in Germany is really a shame, but we are working on it.
Some good advice here to all german riders that may get caught some day - that means the large majority of us sooner or later. In the specific situation that @pmg is currently in, however, this advice may come too late, since he may have already agreed to a “Sicherstellung” (english: seizure) rather than “Konfizierung” (english: confiscation) - I assume he cannot ask for a confiscation a posteriori when the board has already been seized?
Moreover, he does not seem to speak and/or understand german well (see above), but I guess his lawyer does?
Not necessarily. I agreed handing over my board but got it back. It all depends on who handles the case. You may be unlucky to not get it back or the opposite. It depends mostly on if your confiscated good acts as an active threat to the public. (Weapons, drugs etc.) A skateboard is less likely to get confiscated forever although i know cases where it happened (in munich i think a few years ago) It’s not a guarantee but a possibility.
Don’t worry if you don’t understand most of it. I rarely understand it myself and it’s my native tongue (talking about all the lawyer/law talk) Just write it as a normal person would so everyone understands it but noooo.
Thats why I always fear riding in the city and mostly try to go directly to mountain roads (except for the short ride to my job which is no main roads).
I think a good lawyer could get back your board under most circumstances.
I always have a Metr App Profil ready that will lock my board to around 23 km/h and low power mode.
Also it depends on how you ride - like seen in some videos on the forum people going 60-70 km/h on main roads waving off other cars… I mean… yeah… thats why those kind of “vehicles” will stay illegal I guess.
Also the readily available “Scooter on Demand” Services that you can find in every city will not help because drunk and unexperienced people will ride these and cause accidents or just leave them wherever which doesn’t spot a good light on e-boards
At the time, I didn’t understand the explanation the police gave me and they knew that and even commented between themselves. I know it’s no excuse but maybe it was not so correct on their part to make me decide when I didn’t understand it.
Regarding the speed, I said that I didn’t know and that maybe it could reach 20 km/h. I don’t think they can use that as it’s just my opinion.
Thanks for the offer, and thanks for trying to improve this situation.