On the night of December 31, 2024, I got into my car with a colleague at around 03:00 in the morning. I drove off and after two minutes I had a police car behind me, which followed me and made a dangerous swerve as I turned off. Shortly after this maneuver, the blue lights came on and I stopped my car at the side of the road (around 03:10). First a policeman came to the window and everything was normal and friendly from both sides. I didn't have my driver's license with me, so I gave my name and the policeman went back to his car to check if I had a driver's license.As soon as he came back, the mood was completely different.
My assumption, which I can't prove: The policeman saw in his system that I had been fined 5.5 years ago for possession of 10g of hashish (without consumption) and that I was therefore a sitting duck.I was asked to get out of the car and when I asked why, he said that the car suddenly smelled strongly of cannabis.I also had reddened eyes. I got out of the car and was asked several times if I had used cannabis or if I generally use it. I denied this.
I then asked what the reason for the check was.Answer: A conspicuous car with two young men was reason enough. (The car was a 1990 BMW 3 Series in original condition.) I and my passenger were completely searched and patted down. Nothing was found, not even papers or similar weed accessories. Then my car was also completely searched, for 20 minutes (I looked at my watch). As before, no cannabis or accessories found. The police were still firmly convinced that I was stoned and not in a fit state to drive. I had to take various tests, such as having my pupil reaction tested with a flashlight or following the police officer's finger with my eyes. Both were supposedly conspicuous. Then I had to stick out my tongue, which was found to have a white coating. According to the police officers, this is only the case with cannabis users. The check had already lasted around 45 minutes (until around 03:55).
The policeman then said that I would have to go with them to the hospital to give blood and urine. I didn't agree to this. I was allowed to contact my lawyer and let my father know where I was, what was going on and why I wasn't home yet.After I had done this, I was asked again whether I was coming to the hospital with him, and again I refused.
During the whole check, I was accused of using drugs, without proof. I never admitted to anything and only said the bare minimum, otherwise I refused to make a statement. The police then contacted prosecutor, who ordered a blood and urine test.I was then arrested and handcuffed and put in the police car. I was driven from Zollikon to the Triemli Hospital in Zurich (arriving at around 04:40). Once there, I had to give blood and the policeman wanted to watch me give a urine sample.
The doctor then asked me various questions, many of which I also refused to answer. Various tests were carried out by the doctor and no abnormalities were found. I was finally allowed to leave at around 05:45 and got my cell phone and other items back. The police said that they weren't a cab and that I would have to find my own way home, even though I was now much further away because of them. My ID was temporarily confiscated (although I didn't have it with me).
After two weeks, I received a letter from the road traffic office saying that the tests were negative and they didn't want any further clarification, my license was valid again with immediate effect and I was allowed to drive again, which is essential for my job as a car mechanic. The proceedings were dropped, but I was ordered to pay the costs. After that, I didn't hear anything for four months.
Then I received a letter from public prosecutor stating that I now had to pay the pre-trial costs and the costs of the investigation. Although my denial of consumption was confirmed by the investigation. The costs amounted to CHF 1,387. A hefty sum, but in the end I didn't do anything wrong.
I then contacted my legal expenses insurance company, which quickly told me that I would receive CHF 500, but that they would not be able to defend me in court. Because I wanted to appeal and take legal action. Is that actually what insurance is for? When they realized that I wasn't satisfied with the CHF 500 and had never made a claim on this insurance, they increased the payout to CHF 900. Or I could hire a lawyer at my own expense, and if I won in court, they would cover the costs afterwards.However, that could be very expensive and it's money that I need and can't risk.
Although I did nothing wrong, told the truth and this was proven by an ordered test, I have to pay. The fact that the police officers were wrong is not recognized. I'm shocked that something like this can happen in Switzerland. I would never have thought it was possible.I find it very worrying when a country that apparently acts so well, correctly and without corruption does something like this to its own citizens and takes money out of their pockets. I did nothing wrong, ordered an expensive investigation without solid evidence and now I have to pay for it.I hope to reach a lot of people with my story, just to make it clear what is going on here. What can happen. Because anyone can theoretically be accused of drug use, even if there is no evidence.
If a police officer says it smells of cannabis, what he says is basically true. You can't prove it, it's one statement against another. But my statement was confirmed and the police officer's was invalidated. It doesn't matter, I have to pay. I was also disappointed that my insurance company didn't cover me as I had hoped. With such behavior on the part of the state and the police, I don't think you have to wonder why many citizens don't think much of these state authorities.
In the end, the bill was another CHF 200 more expensive: further “administrative costs” were added. An objection to this was “pointless”.
Magazine Legalize it! #107
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