Glarus judiciary called off for overly lenient “speeding sentences”
Published: Thursday, Jun 13th 2024, 12:10
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The Glarus judiciary has been too lenient with two car drivers and two motorcyclists who were speeded on a construction site on the Kerenzerberg on the Easter weekend of 2021. On Thursday, the Federal Supreme Court upheld complaints by the Glarus public prosecutor's office that the speed limit had been well signaled and that the case should be reassessed.
The radar on the Kerenzerbergstrasse near Mollis GL did a good job over the Easter weekend 2021. 25 percent of all road users were flashed, twice as many as usual. The reason was probably the reduced speed limit of 50 km/h instead of 80 km/h due to roadworks. A sign on the right-hand side of the road in a 180-degree bend drew attention to this.
Two car drivers and two motorcyclists were driving so fast here that they had to stand trial for gross violation of traffic regulations. One driver was traveling at 103 km/h. According to Road Cross Switzerland, this makes him a speeding driver. The two motorcyclists were clocked at 86 and 84 km/h respectively and the second car driver at 75 km/h, with a tolerance of 5 km/h deducted.
The convicts appealed against the fines, some of which amounted to several thousand francs. After an on-site visit, the court reclassified the facts of the case as a simple violation and reduced the penalties.
Unsustainable mitigation
In four rulings published on Thursday, the Federal Supreme Court considers the lower court's mitigation of the penalty to be untenable. Even though the 50 km/h signal was positioned in the middle of the bend, it was clearly visible from the straight ahead.
The fact that drivers are expected to keep their eyes on the exit of the bend is therefore not decisive, according to the judges. Furthermore, it was sensible to limit the speed on this roadworks stretch. Only the placement of the sign could be criticized: It would certainly have been more appropriate to place the sign in front of the bend.
The cases are referred back to the Glarus Cantonal Court for reassessment. (Judgments 6B_13 to 16/2024 of May 21, 2024)
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