Sorry to hear about your mishap  . Good thing, you're OK.
First, you have a lawyer that's good  .
If you indeed passed moving traffic on the right, that is a big "NO-NO" in Germany. German drivers would not expect to be passed on the right. That would be taken into account regarding fault finding.
Talk to your lawyer and find out if their have been traffic cameras near by, which might help your case.
Without specific legal knowledge, I am pretty sure that they can hold your passport until the issue has gone before some kind of hearing. I would not expect for it to take too long though.
Best of luck!
__________________
Thomas
"Hey, ...I'm just ridin' shotgun" 
Last edited by T.REX63; 17 Sep 2010 at 17:29.
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