Caught with amphetamine on the highway: Rosenheimer (34) receives a suspended sentence and has to undergo therapy

Irschenberg / Miesbach - First he drove his car under the influence of cannabis, then he resisted a blood sample.

A 34-year-old Rosenheimer had to answer before the Miesbacher district court because of the unauthorized possession of narcotics and resistance to law enforcement officers.

In September 2020, officers from the Border Police Inspection (GPI) in Raubling checked the defendant, who is currently serving a replacement prison sentence in the correctional facility in Bernau, on the A8 motorway at Irschenberg: They found 0.62 grams of amphetamine and took him to the police station.

A doctor was supposed to take a blood sample on suspicion of drugs, and the man resisted so much that the police had to kick and handcuff him.

The defendant's attorney, Andreas Leicher, stated right at the beginning of the hearing: "He admits that he had consumed cannabis the day before." And the defendant himself admitted to having pulled his arm away when the blood was drawn.

The doctor seemed suspicious to him.

In addition, the officers switched off the body cam.

“I've been afraid of injections since that day,” he complained.

In terms of amphetamine, the 34-year-old confessed “that I wanted to convict the stuff”. To Russia. He is said to have said that to an officer (28) of the GPI Raubling. "He said that he wanted to send the narcotics in an envelope to Moscow for research," recalled the policewoman. And that it is a “prescription amphetamine”. But the man was unable to come up with a prescription. After all, he opened the envelope voluntarily. The police officer described that there were "typical scene seals with white matter" in it. She and her colleagues would have checked the Rosenheimer because he "looked paranoid and nervously to the right and left" while driving. Since the 34-year-old admitted that he had consumed cannabis the day before, the officers took him to the office."There he resisted a blood sample, which is why we had to handcuff him," said the policewoman. "But I think that he was primarily afraid of the needle."

Since the accused's confession and the policewoman's detailed description made it possible to dispense with further testimony, the lawyers clarified the expected punishment in a legal interview.

The court promised the 34-year-old four to six months probation - if he was undergoing drug therapy.

Conflicted, but willing to improve, agreed the already multiple criminal record.

The public prosecutor's office ultimately credited him with his confession.

From the point of view of the lawyer, he also offered “rather little resistance to the police”.

A thorn in the side of the public prosecutor, however, was that the Rosenheim resident committed the offenses under open probation and already has ten entries in the federal central register.

She asked for six months probation - plus therapy and a three-month driving ban.

Lawyer Leicher said that "my client's resistance to the police is to be found in the lower area". In addition, the Rosenheimer declares that he is ready for therapy. The social prognosis is favorable due to the close family ties. A four-month suspended sentence would be enough, Leicher thought.

Judge Walter Leitner ultimately sentenced the 34-year-old to five months probation, a three-month driving ban and in-patient drug therapy as a probationary condition.

“We've all had that before,” stated Leitner.

"Possession of narcotics and resistance to law enforcement officers are already in your federal central register." In addition, the Rosenheimer employed "half the police force" by initially resisting the blood sample.

According to the judge, probation is still possible because the defendant agreed to undergo therapy - "and because you got dry in custody".

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