Speeding
Speeding
Two different procedures are likely to be initiated when breaches of the rules of the road are committed, in particular for drink-driving or speeding: a criminal procedure aimed at punishing the illegal behaviour with a penalty that may be a fine, a ticket, a pecuniary penalty or even a prison sentence and, in parallel and independently, an administrative procedure whose potential consequence will be the withdrawal of the driving licence, the duration of which will be fixed according to the seriousness of the offence.As these two procedures are distinct and independent of each other, the authorities in charge can theoretically assess the offence committed differently. However, when it comes to speeding offences, the case law of the Swiss Federal Supreme Court is clear and leaves little room for manoeuvre when it comes to assessing fault.In view of the large number of offences of this kind in Switzerland, and in order to establish an equitable policy throughout the country, our supreme court has laid down rules which, regardless of the actual circumstances or the driver's good reputation, specify that if the authorised speed is exceeded by 25 km/h or more inside towns, by 30 km/h or more outside towns and on semi-motorways, and by 35 km/h or more on motorways, the offence is considered to be serious.Your speeding offence would therefore appear to be considered serious and, in administrative terms, the penalty should be at least 3 months' withdrawal of your driving licence under Article 16c of the Federal Road Traffic Act (LCR). At the same time, a financial penalty equivalent to at least 20 days' fine could be imposed under article 90 paragraph 2 of the LCR. However, as the criminal authorities have discretionary powers, it is important to make use of your right to be heard and to make observations explaining the reasons for your speeding, without omitting to set out the personal circumstances that you feel are important to take into account, particularly as regards the possible need to have a driving licence for your professional activity.
