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  #761  
Old 12.12.2020, 14:00
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Re: Flashed again after 5 years

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Hi there,

contrarily to most people in Switzerland I don't get flashed a lot while driving, but when I do it, it is good.
That is certainly worthy of this thread. If you were clocked with more than 20 km/h over the posted speed limit it is considered as a serious traffic law violation (Grobeb Verkehrsregelverletzung).

As explained in the very first post of this thread there are two separate procedures which will run in parallel: The criminal process and the administrative process.

The incident from 2015 should have no impact regarding administrative measures (warning/driving ban). With 20 km/h over inside the urban/build area you have to face a 3 month ban.

The case from 5 years ago might have a slight impact on the criminal procedure. Means the fine or monetary penalty could be a bit higher than it would be for a first time offender. In case of 20 km/h over inside the ban/build area you have to face a monetary penalty of 20 - 30 days. It will be most likely on probation only. In addition you will have to pay a fine of around CHF 600 plus the court fees. For more details read the first few post of this thread.

Apart from the autobahn there are, as far as I am aware no 80 or 70 km/h stretches inside the build up area (Save some short stretches just before or after the city limit sign). If in doubt assume it is 60 km/h at most. In case of Zurich even those are pretty rare (Bernstrasse Nord and Süd or the short stretch of Allmendstrasse come to my mind).
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Last edited by aSwissInTheUS; 12.12.2020 at 15:40.
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  #762  
Old 12.12.2020, 15:15
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Re: Serious Speeding - the law, the fines.

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Hello everyone,

Here’s my story.

In the midst of the first lockdown, mid April, I rented a car and left my canton of residence to go help my partner with a move in a different canton. Got a rental, got on the road and felt good about it. No one on the roads, lost track of speed and on the highway between Fribourg and Bern was driving 171 km/h. Got caught by the infrared radar, deducted the 7 km/h and ended up with 44 km/h over the limit.

Got charged: 25 chf from the rental for processing fees, 1000 chf fine from the court, 145 chf other court expenses, 350 chf administrative fees from the police of my canton of residence for taking my driving licence. Total 1520 chf.
Also 3 months without my driving licence, conditional fine of 30 daily rates for a probationary period of 2 years (established based on my daily income and amounting to quite a lot if I repeat the offense again).

When I got asked for the documents by the judge, I also send them a nice letter explaining how this is my very first ever offence and all these things if they desired to take them in consideration... not sure if they did..

Anyways what puzzles me now is the criminal record. I didn’t really get a lot on that from nor the judge nor the police of my canton telling me more. Do I have one now by default? By reading the laws, I would say yes but the judge only mentiones that the information about the ruling will go to the public prosecutor with the copy of excerpt of criminal record. Does anyone know more about this? where could I check my file? How long does it stay visible? How serious is it (ie affecting employment, residence status etc)? To be honest, that bothers me the most, money and the ban hurt but will pass by more easily...

It feels good to share and thanks for your answers!
I must admit, been in Switzerland for 10 years and never managed to get to 130 leave alone 170 on highways. Very brave and a bit silly. Because you not only endanger yourself but also others on the road. Please drive carefully......
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  #763  
Old 12.12.2020, 15:36
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Re: Serious Speeding - the law, the fines.

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I must admit, been in Switzerland for 10 years and never managed to get to 130 leave alone 170 on highways.
Good grief. What are you driving, a milk float?
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  #764  
Old 12.12.2020, 15:58
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Re: Serious Speeding - the law, the fines.

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I must admit, been in Switzerland for 10 years and never managed to get to 130 leave alone 170 on highways. Very brave and a bit silly. Because you not only endanger yourself but also others on the road. Please drive carefully......
Agreed, driving so slowly on the motorway is a risk for others.
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  #765  
Old 13.12.2020, 00:57
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Re: Flashed again after 5 years

I have a follow up question. Assuming, I was really so above the speed (I haven't received yet the fine), 2 fines within 10 years is a lot I assume. There are 2 registry the public and the one only visible to judges and immigration office. I just received the new Strafregisterauszug which was immaculate (the thing of 5-6 years ago was not shown), but the judges will probably see both. Am I risking, to not have renewed my visa if something else happen? Or the three strikes rule apply only for the request to becoming Swiss.
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  #766  
Old 13.12.2020, 13:59
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Re: Serious Speeding - the law, the fines.

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Good grief. What are you driving, a milk float?
A milk float sounds fun..... :-)
On a more serious note, when the speed limit is 120 kmph, anything more than 125 is asking for a fine or something more serious. Why not just follow the rules?
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  #767  
Old 16.12.2020, 00:44
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Re: Serious Speeding - the law, the fines.

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Hey guys!

After 9 years of being a good rider my time finally came.
I was riding my motorcycle up the Gotthard pass (on the Ticino side) to avoid the long queue at the tunnel. The first few kms are semi-highway (100km/h) and I totally missed the sign that signals the end of it. The road is basically the same, so one wouldn't immediately realize that the speed limit is different and unfortunately there aren't any speed signs at all that indicate the new speed.

I was convinced that the speed limit was 100 and I was doing 110 (according to the laser that got me), a month later I got the nasty letter telling me that after the deduction of 4km/h I was 26km/h over the speed limit.

I called the radar office and I was told that I'm likely looking at a 600 CHF fine and a warning, but I'm more and more convinced that they guy on the phone mistakenly believed I was on the highway because according to the information I gathered from this thread I should get at least a 1 month suspension.

So right now I have about a week to mail back any notes or explanation if I desire to do so, my questions are the following:

1) Does it actually matter if I explain the whole situation? I got caught 2km after the semi-highway ended and there were no speed signs other than the end sign (https://www.google.com/maps/dir/46.5...b1!4m2!4m1!3e0)
2) Would I risk in incurring in higher court fees if I attach any notes at all? I'd guess that someone would have to actually process it so it wouldn't just be handled "automatically"
3) Are there any chances that the minimum of 1 month is waived if I have no priors?


I was wrong, and it sucks because I just missed a sign... however the anxiety is killing me.
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Thank you for your responses.
Yeah there isn't much I would be explaining, the judge doesn't care if I saw the sign or not, nor if there were any subsequent speed signs. That would be my only leverage.

I'm just going to take the license suspension and the damn ticket like a man and that's it.
I just hope they hurry up in handing me the suspension because if it happens in winter I'm screwed.
Now off to being more than good for 2 years.

Glad i'm not alone in this club, though I hope for a lighter via sicura in the future, it's crazy how much it costs to make such a stupid mistake.
Update on my adventure!
In october I finally received the ticket of 570 CHF

last friday I received the notification of a 1 month suspension of my driving license. They were definitely holding it back for xmas!

Oh well, that hopefully concludes it. Lesson learned? Don't miss an end of semi-highway sign
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  #768  
Old 16.12.2020, 10:34
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Re: Serious Speeding - the law, the fines.

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Oh well, that hopefully concludes it.
Expect a bill for your license suspension.

Merry Christmas.
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  #769  
Old 18.12.2020, 07:13
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Re: Serious Speeding - the law, the fines.

hold on,
today I passed by the road after Escherwyss and I realized it was with limit 30 when its very large (you can easily mistake it for a 50km/h road), according to the info if you speed over 31 in a 30km/h area, you go to jail... i dont think it s that difficult in this case. Any experience of people really ending up to jail? Can you defend yourself somehow and pay fines svoiding jail?
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Old 18.12.2020, 11:10
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Re: Serious Speeding - the law, the fines.

My
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hold on,
today I passed by the road after Escherwyss and I realized it was with limit 30 when its very large (you can easily mistake it for a 50km/h road), according to the info if you speed over 31 in a 30km/h area, you go to jail... i dont think it s that difficult in this case. Any experience of people really ending up to jail? Can you defend yourself somehow and pay fines svoiding jail?
The jail sentence will almost always be suspended for first-time serious offenders, which means no jail unless you commit a serious infraction again during the prescribed suspension or probationary period.

If you receive a suspended jail sentence, you will almost certainly have your driving licence suspended for a lengthy period, too. This could be a blessing in disguise, as (unless you are very stupid) it should remove the possibility of you re-offending during the probationary period and being sent to jail.

You can't pay fines to avoid jail. In fact, offenders who are sentenced to a suspended jail sentence have to pay a fine anyway, on top of the Sword of Damocles hanging over their heads for 2+ years.

Last edited by 22 yards; 20.12.2020 at 17:03. Reason: Fixed typo
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Old 19.12.2020, 00:51
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Re: Serious Speeding - the law, the fines.

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I must admit, been in Switzerland for 10 years and never managed to get to 130 leave alone 170 on highways. Very brave and a bit silly. Because you not only endanger yourself but also others on the road. Please drive carefully......
absolutely true, i fully acknowledge that. my only excuse is that, as i wrote, the roads were deserted - there was absolutely no one in sight due to the lockdown and i got carried away. still, as the judge ruled, that's not a valid excuse i haven't been driving more than 120 km/h ever since (i did my three months ban already).

except in germany. which is very close to me as i'm in basel and the stretch to freiburg has no limits. strange how perspective can change quickly... makes you wonder who has the right rules...
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Old 20.12.2020, 15:12
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Re: Serious Speeding - the law, the fines.

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If you receive a suspended jail sentence, you will almost certainly have your driving licence suspended for a lengthy period, too.
A two years driving ban Art. 16c Abs. 2 lit a_bis SVG
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  #773  
Old 13.01.2021, 01:42
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Re: Serious Speeding - the law, the fines.

So, it came today.
It is 24km/h over the limit of 50 km/h area, damn if I was not overtaking I would have been for sure under.

From the first link post. I gather that for violation below 25km/h (swoosh) it is 600 CHF and not counted on days of salary + Court cost will b 430 (1030 CHF).
I guess it is up to the police then about the warning or one month ban (I am prepared for both). Am I right?
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