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  #21  
Old 14.09.2015, 10:47
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Re: Should I name the wife as the speeding driver?

The main reason for the question, as some people have noticed is around the admin of it. I have these 3 speeding fines recorded against me which i didn't actually do. If they don't "add up" towards a ban or bigger sanction then fine ok. I just keep paying and providing friendly driving advice.

The second part I pretty much knew the answer, what i a huge fine comes one day, I guess i get the pleasure of paying that too. i did't really think I could blame the wife and hope the fine would go away because she has no income - but it would be nice.

And PS .. The fine comes with standard orange slip to pay in 30 days.. But on the reverse it does give options to fill in and identify somebody else as the driver.
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  #22  
Old 14.09.2015, 10:48
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Re: Should I name the wife as the speeding driver?

There is another way bro. Sell the cars and offer halb tax for a year. This should solve "speeding tickets" problem but no guarantee there won't be "I forgot to buy train ticket problem"
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  #23  
Old 14.09.2015, 11:01
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Re: Should I name the wife as the speeding driver?

the only impact for the OP is the following: if you cross a red light and then they check that you had several "light" speeding fines in the last 2 years then it could potentially lead to withdrawal of your driving license. If your fines are older than 3 years it won't have an impact then.
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  #24  
Old 14.09.2015, 12:12
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Re: Should I name the wife as the speeding driver?

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How do you think she is going to pay if she is the stay at home mom? Unless you are giving her a salary for all the tasks she takes care of in the house, etc.
I assume, that like in any good marriage there are three bank accounts, one for the family where both have full unrestricted access, two cards, and any household related bill is paid out, is used for groceries, acts as family travel fund etc.
Then for husband and wife, one separate account for each, where only they have full control, and they can use the fund for what ever they want.

If we assume the standard marital property regime which is participation in acquired property (Art. 196 - 220 Swiss Civil Code) Then it is simplest that any earnings as defined in Art. 197 should be paid into the family account from where it is then distributed in the partners individual accounts fairly, as necessary and suitable. I think there is a term commonly used for the amount transferred to the wife's bank account.

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I would name her and take the fines out of her allowance
Oh, right, that's it.

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Not out of badness and it's me who pays regardless but i'm more thinking if she does a big one and it's thousands, I guess as the family earner i still pay? Any benefit at all to telling the truth?
As many have said before, such simple fines are, at least according to the law, anonymous and registered nowhere when paid on time. No benefits for telling the truth. And in the end, the registered holder of the car is responsible for the fine anyway (unless he can prove the car was stolen)

If it is a more serious mater, where a simple fine is no longer possible, and a warning or even ban is has to be issued, you have to name the driver anyway before they can hand out a fine or even a harsher penalty.
In this case, the registered holder is no longer ultimately liable for the fine. Also, by law husband and wife do not have to snitch on each other. But they can use many other methods to identify the driver, such as matching facial features to the suspects. Do not go high-tech, simply show the photo some neighbors, work colleagues etc. and ask them if the recognize the person on it does the trick.
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  #25  
Old 14.09.2015, 12:21
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Re: Should I name the wife as the speeding driver?

On the other hand, naming your wife as a driver does no harm. The fine will not increase but she will get a nice letter, just as you did, from the police.
Best, do not even mention to her that you just received, again, another fine, name her and wait. Enjoy.
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Old 14.09.2015, 12:40
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Re: Should I name the wife as the speeding driver?

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I assume, that like in any good marriage there are three bank accounts,...
Interesting.

I'm married, with single income, but we only have 1 shared bank account (we have our allowances/pocket money) but it all comes out the same account. Maybe I'm more traditionally minded. We have lots of budgets (food, insurance, utilities etc. etc.).

Speeding fines come out of our travel budget.

Back to the multiple accounts, I don't see why people do this, especially in CH where you have to pay for the privilege of cards & accounts!

Ho-hum.
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  #27  
Old 14.09.2015, 12:42
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Re: Should I name the wife as the speeding driver?

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the only impact for the OP is the following: if you cross a red light and then they check that you had several "light" speeding fines in the last 2 years then it could potentially lead to withdrawal of your driving license. If your fines are older than 3 years it won't have an impact then.
Not true. As the authority which decides about license bans is another authority (holder's cantons department for administrative measures) then the one issuing simple speeding fines and parking tickets (Police). As long as simple fine are paid in time (30 days) nothing happens and the other authority knows nothing and will not be informed about the fine.

But, if you object or forget to pay the case will go to a judge. If found guilty the judge informs the department for administrative measures about his ruling. The department for administrative measures then decides if a ban or a warning is necessary. For this they look at the judges ruling and at the data stored in the ADMAS-Register about previous traffic violation cases.

The information about simple fines paid on time, are not and more importantly can not legally be stored in the ADMAS-Register or any other database. https://www.admin.ch/opc/de/classifi...404/index.html
Which in conclussion means the department for administrative measures has legally no information about any previous simple fines paid on time.
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Old 14.09.2015, 12:50
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Re: Should I name the wife as the speeding driver?

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Speeding fines come out of our travel budget.


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Back to the multiple accounts, I don't see why people do this, especially in CH where you have to pay for the privilege of cards & accounts!

Ho-hum.
Hmm, what would you do if your wife inherits some money which is legally hers and only hers in all marriage regimes?
Also how to you buy her a nice gift (watch, bracelet, ring) w/o her knowing about it?

PS: Post finance is CHF 5 per Month and free when total asset is at least CHF 7500. I do not think that is much money.
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Old 14.09.2015, 13:07
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Re: Should I name the wife as the speeding driver?

EF - Ask a simple question, get a simple answer...
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  #30  
Old 14.09.2015, 13:12
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Re: Should I name the wife as the speeding driver?

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Hmm, what would you do if your wife inherits some money which is legally hers and only hers in all marriage regimes?
We'll cross that bridge when we get to it. As yet, we've not had to deal with that problem!

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Also how to you buy her a nice gift (watch, bracelet, ring) w/o her knowing about it?
Ermmm. Is "I buy it and give it to her" too simple an answer? We are married. We don't really have those kind of secrets. And no, I don't have Ashley Maddison-type secrets either!

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PS: Post finance is CHF 5 per Month and free when total asset is at least CHF 7500. I do not think that is much money.
I'm Yorkshire-bred, grew up in the Netherlands and educated in Scotland (partly at least). Any money that doesn't need to be spent shouldn't. HTH clarify my position.
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  #31  
Old 14.09.2015, 13:34
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Re: Should I name the wife as the speeding driver?

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I'm Yorkshire-bred, grew up in the Netherlands and educated in Scotland (partly at least). Any money that doesn't need to be spent shouldn't. HTH clarify my position.
Then you should have many times the needed CHF 7500
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  #32  
Old 14.09.2015, 13:40
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Re: Should I name the wife as the speeding driver?

[QUOTE=aSwissInTheUS;2449076]



Hmm, what would you do if your wife inherits some money which is legally hers and only hers in all marriage regimes?
QUOTE]


That only applies whilst living in CH, move to the UK & the courts would split all assets regardless of when they were acquired or from where in the event of a divorce.
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  #33  
Old 14.09.2015, 13:47
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Re: Should I name the wife as the speeding driver?

I don't think it matters here except if it comes to a ban.

I once took the rap for my wife in the UK because she had more points on her licence than me, and I was working here at the time and going home at weekends.
I figured because I had converted my UK driving licence to a Swiss one they would let it slip rather than try to give me points.
None of it, they said I would have to go to court then...uh oh....

Part of the evidence for the court case was a speed camera photograph, clearly showing my wife driving!!

So I started saying I couldn't guarantee I could get to court because I was working abroad etc etc.

In the end they agreed to a Speed Awareness course with a selection of dates so I had no excuse about attending.

Nothing was ever said about the photograph showing a female driver. They don't care as long as someone pays. And those courses are just away to pay extra (much more than the fine) just to avoid points on your licence.
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Old 14.09.2015, 14:50
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Re: Should I name the wife as the speeding driver?

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Any benefit at all to telling the truth?
Yes, that she gets the ban rather than you.

Tom
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  #35  
Old 14.09.2015, 14:56
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Re: Should I name the wife as the speeding driver?

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I assume, that like in any good marriage there are three bank accounts
Only three?

I have 3, my wife has 4 (was 5), and we have one joint account for the mortgage.

Tom
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