Judges Get More Discretion in Reckless Driving Offenses
Published: Wednesday, Aug 16th 2023, 10:00
Updated At: Friday, Oct 13th 2023, 14:12
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The Swiss Federal Council has revised the Road Traffic Act, which came into effect on 1 October, to give courts more discretion in dealing with cases of reckless driving. The minimum sentence for such offences remains one year in prison and a two-year driving ban, but the courts can take into account the individual circumstances of the case and avoid unnecessary harshness. If the offender is still untried, the court may impose a sentence of less than one year in prison and reduce the driving ban to one year. For those with a probationary driving licence, the probationary period will not be extended or the licence annulled for a minor offence. For more serious offences, the probationary period will be extended by one year and the licence will be revoked for a further offence. The revision also requires courts to impose milder sanctions for disproportionate violations of traffic regulations by emergency services. The minimum duration of the driving ban can still be reduced by the court. From 1 October, the liability of the holder will also apply to legal entities, so that the police can issue a fine to a company if it does not provide information on who was driving the company vehicle and when.nnnnnnnnnn
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