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  #321  
Old 29.06.2011, 01:29
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Re: How do speeding fines work in Switzerland?

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From my mates 2 expereiences before a judge for speeding the reason he had to go was to determine the full extent of his crime. Speeding fast enough to warrant a court date also means extra charges such as dangerous driving can be laid against you. The full punishment is also determined in court; the fine, ban and possible prison term are decided there and then.
Isn't it rather difficult to determine whether or not someone was doing any of these other things unless they were observed by an actual officer of the law during the alleged commission of said acts?

I mean, I appreciate and understand what you are saying, but it seems to me like just another excuse to get people for things ex officio in an effort to ad more fear to the process.

I find it highly odd, considering that the Swiss would never allow any manner of leniency in these sort of proceedings. So the question then becomes why would they need judicial review in these matters, considering there is none available for those who inadvertently infringe.

Just some observations.
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  #322  
Old 29.06.2011, 02:03
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Re: How do speeding fines work in Switzerland?

If you showed some regret and the judge believed you were seriously sorry, then there might be a slightly lighter fine or prison might be moved to probation.
The traffic police can only see your motoring record, whereas the court can ask for anything. Also the judges have to be seen to be applying the law here.
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  #323  
Old 29.06.2011, 08:53
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Re: How do speeding fines work in Switzerland?

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Isn't it rather difficult to determine whether or not someone was doing any of these other things unless they were observed by an actual officer of the law during the alleged commission of said acts?
Not necessarily -- there are other things that can be taken into account when applying a sentence, such as:

1) driving experience (new driver or someone with 20 years experience?)
2) previous conviction record (first offence or habitual offender?)
3) traffic conditions (rush hour or empty road at 3am?)
4) weather conditions (rain/snow or clear conditions?)
5) mitigating circumstances (unfamiliar car? unfamiliar road? missed a road sign? wife in labor?)

Judges here are strict, and the guidelines should be regarded as a minimum penalty that can be imposed. But for a habitual offender, speeding in unsuitable weather conditions, with no mitigating circumstances, I wouldn't be surprised to see a penalty more strict than the bare minimum.
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  #324  
Old 29.06.2011, 09:15
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Re: How do speeding fines work in Switzerland?

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Then what is the purpose of a court hearing? Just to annoy the guilty?
I mean if you are guilty and no circumstance is mitigating and the law must be followed come hell or high water, aren't we just wasting the court's time?

Just askin',...
If I am going to be sent to prison or have a month's salary taken, I'd rather it was by a person than a machine...

Just sayin'
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  #325  
Old 29.06.2011, 11:19
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Re: How do speeding fines work in Switzerland?

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  #326  
Old 29.06.2011, 11:27
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Re: How do speeding fines work in Switzerland?

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Not necessarily -- there are other things that can be taken into account when applying a sentence, such as:

1) driving experience (new driver or someone with 20 years experience?)
2) previous conviction record (first offence or habitual offender?)
3) traffic conditions (rush hour or empty road at 3am?)
4) weather conditions (rain/snow or clear conditions?)
5) mitigating circumstances (unfamiliar car? unfamiliar road? missed a road sign? wife in labor?)

Judges here are strict, and the guidelines should be regarded as a minimum penalty that can be imposed. But for a habitual offender, speeding in unsuitable weather conditions, with no mitigating circumstances, I wouldn't be surprised to see a penalty more strict than the bare minimum.
My impression from reading local newspapers is that often when "penalty more strict than the bare minimum" are handed out then they are later reversed on appeal?
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  #327  
Old 29.06.2011, 13:40
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Re: How do speeding fines work in Switzerland?

In the first case the arresting office testified that there was no dangeous driving involved, I don't know if this was in person or by previously recorded statement.

On the actual court dates there was no pressure or "fear" apart from self-inflicted. Everyone was polite & nice with no attempts to intimidate. I can only imagine that because speeding this far over the limit is a criminal offence then it has to go before a judgeo due process can be seen to be followed. I am however no expert on this I can only go by what happened to my mate.

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Isn't it rather difficult to determine whether or not someone was doing any of these other things unless they were observed by an actual officer of the law during the alleged commission of said acts?


I mean, I appreciate and understand what you are saying, but it seems to me like just another excuse to get people for things ex officio in an effort to ad more fear to the process.

I find it highly odd, considering that the Swiss would never allow any manner of leniency in these sort of proceedings. So the question then becomes why would they need judicial review in these matters, considering there is none available for those who inadvertently infringe.

Just some observations.
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  #328  
Old 29.06.2011, 13:43
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Re: How do speeding fines work in Switzerland?

This is correct, there is no getting way at all of getting away with a fine/ban/prison scentance less than the minimum required for the offence.

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Judges here are strict, and the guidelines should be regarded as a minimum penalty that can be imposed. But for a habitual offender, speeding in unsuitable weather conditions, with no mitigating circumstances, I wouldn't be surprised to see a penalty more strict than the bare minimum.
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  #329  
Old 07.07.2011, 11:05
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Re: How do speeding fines work in Switzerland?

My Letter arrived.

Depassment de vitesse de plus 15 km/h
v. lim = 50, const = 93, marg sec = 6, depassement = 37
une peine d'amende de : 1730.00

so a few things

1. clearly the ''scare tables'' are not rigid
2. unless their purpose is to suitably scare ppl to the point, where a fine
of 1700.00 is ''nothing by comparison''
3. the tables indicate 20x daily income (net) , i did speak to a lawyer
their advise was to wait it out, as it is not rigid
they further stated, at times the daily income penalty, may be 3 or 5 x
income (and he new the particulars of my situ) - so even if they do
go there' ... to the scare tables, there appears room.
4. to add more experience to these findings, a colleague of mine was found
by a camera to do 106 in a 60 - 46 over. --> his penalty approx 2,500
5. its my first offense, i have 20+ yr driving history (no serious infractions) of
nature (pkg tkts, one or two x 5/10km speeding tkts not withstanding)

im so relieved that my salary has not been taken into account im going to pay this immediately!!!

make of it what you will - however there is no need for ya'll to continue to gloat at my demise, (tough crowd!!)

for i am HAPPY with the finding
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  #330  
Old 07.07.2011, 11:39
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Re: How do speeding fines work in Switzerland?

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Make of it what you will - however there is no need for ya'll to continue to gloat at my demise, (tough crowd!!)
When i was in a similar situation to you there was a second letter...
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  #331  
Old 07.07.2011, 11:48
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Re: How do speeding fines work in Switzerland?

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My Letter arrived.
<snip>
for i am HAPPY with the finding
That's great and thanks for the follow-up. But...

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When i was in a similar situation to you there was a second letter...
When I caused an accident (ran into the back of someone - no speeding, no alcohol) it occured in a different Kanton to the one I lived in.

I received some fines from BL, not as high as yours though.

18 months later I received another fine from BS, after a court review (it was a "middle serious" offence) along with one month's suspension...

On top of the fines were the administration fees from both BL and BS - - bastards...

If that is "all" you've been hit by, then great. Just beware of any other actions going on, especially if there's cross-k(c)anton activity. What they said to me at the time was that BL would fine me and hand over the file to BS (where I was resident at the time) to decide what to do with the case.

Worth checking with your lawyer or the police that the file hasn't been handed to another authority?
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  #332  
Old 07.07.2011, 13:51
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Re: How do speeding fines work in Switzerland?

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When i was in a similar situation to you there was a second letter...
I received 1 letter to begin, asking who was in the car (i was on hols during that 6 day report in period)

1 month later, the fine was sent to me, with the assumption i was driving

according to my lawyer, as of 1.1.2011 or so, there is a new procedure for fines, and he believes its reasonable to expect the financial matter closed. and await a third letter regarding loss of driving privileges for 3months (if first offense)

i better get over to the bureau and check that foto all the same
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  #333  
Old 08.07.2011, 08:59
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Re: How do speeding fines work in Switzerland?

Does it strike anyone else as odd that we live in a place where we're jumping for joy when we're 'only' whacked with a CHF1'700 fine?
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  #334  
Old 08.07.2011, 09:28
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Re: How do speeding fines work in Switzerland?

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Does it strike anyone else as odd that we live in a place where we're jumping for joy when we're 'only' whacked with a CHF1'700 fine?
Yes and no - I find it odd in the UK that being caught doing 85mph on a motorway earns you the same fine and punishment as doing 45mph on surburban road - that is 24kmh above the limit!!

The Swiss system makes sense - the greater by which you break the law the greater the punishment.
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Old 08.07.2011, 12:10
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Re: How do speeding fines work in Switzerland?

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Yes and no - I find it odd in the UK that being caught doing 85mph on a motorway earns you the same fine and punishment as doing 45mph on surburban road - that is 24kmh above the limit!!

The Swiss system makes sense - the greater by which you break the law the greater the punishment.
...says the guy with a RaceCar for his profile pic
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  #336  
Old 08.07.2011, 12:26
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Re: How do speeding fines work in Switzerland?

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Yes and no - I find it odd in the UK that being caught doing 85mph on a motorway earns you the same fine and punishment as doing 45mph on surburban road - that is 24kmh above the limit!!

The Swiss system makes sense - the greater by which you break the law the greater the punishment.
You won't get pulled doing 85 in the UK anything above 90 you're asking for trouble. Not worth PC plods time when most people hover around that on the motorways anyway.
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  #337  
Old 08.07.2011, 15:34
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Re: How do speeding fines work in Switzerland?

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...says the guy with HIS FOR SALE RaceCar for his profile pic
Corrected for you
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  #338  
Old 08.07.2011, 15:44
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Re: How do speeding fines work in Switzerland?

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...says the guy with a smashed up and repaired RaceCar for his profile pic

fixed that for you
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  #339  
Old 08.07.2011, 15:52
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Re: How do speeding fines work in Switzerland?

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I received 1 letter to begin, asking who was in the car (i was on hols during that 6 day report in period)

1 month later, the fine was sent to me, with the assumption i was driving

according to my lawyer, as of 1.1.2011 or so, there is a new procedure for fines, and he believes its reasonable to expect the financial matter closed. and await a third letter regarding loss of driving privileges for 3months (if first offense)

i better get over to the bureau and check that foto all the same
When I was caught doing 71km/h in a 50 zone (so 66km/h with deductions) I got the initial letter checking it was me, then another with the fine (about 350 chf from memory). Then another arrived saying it was a light infringement, but if I had had another similar offence in the last 2 years I would have had 1 month ban too (so implies I guess I need to be a good boy for the next 2 years). This also attracted an admin charge of 120 CHF I think, the bill for which I am still awaiting.
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  #340  
Old 14.07.2011, 11:53
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Re: How do speeding fines work in Switzerland?

Hello,

today I've received my first speed ticket.
It doesn't say the amount... only to provide the detail of who was driving.

I was going 47km/h in zone 30 (17km more than the limit).
Does anyone know / can help me to understand the consequences of that?


Thanks,
M.
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