Ask a lawyer on the topic of Traffic law

Summary penalty order Switzerland

February 2, 2016 | 35,00 EUR | answered by Bernhard Müller

I was caught speeding at the end of last year in a 30 km zone and was traveling 19 km over the limit after deductions for tolerances. In my written statement, I admitted to the offense, but also explained that - due to traffic jams and detours - I was in a completely unfamiliar area and preoccupied with navigating.

Furthermore, the measurement was taken at the exit of the village and I believed I was already on a "normal" village road (less built-up, wide, straight road, just before the village sign).

Now I have received a penalty order (punishable under Art 27/1 SVG, Art 90 para 1 SVG):
Fine 600 CHF
Fee 600 CHF
Costs 29 CHF
I now have 6 days to pay, and 10 days to file an objection.

Is it worth it, or is it promising to file an objection?
If so, how should this be done?

Bernhard Müller

Dear inquirer,

in our assessment, the objection is not successful. Especially when you were focused on orientation in an unfamiliar environment, this is rather a reason to drive slower or stop to check on the map or GPS where you are before continuing after the orientation phase.

Under no circumstances is this a justification or even an excuse for speeding.

Even with a mistake of prohibition, believing you were on a "normal" road, you will not get any further. A speed limit zone only ends when the sign that ends it is reached, not "just before the town sign."

Sincerely,

Bernhard Müller Attorney