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Old 01.02.2013, 11:30
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Serious Speeding - the law, the fines.

Since January 1 2013, the law regarding serious speeding has changed (Art. 90 SVG).
Yesterday Konferenz der Strafverfolgungsbehörden der Schweiz (Conference of the criminal prosecutors) published their new guidlines. Now you know what the state attorney will request, time will show what judges will give.

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Ordnungsbussenverfahren: Simple fine as defined in 'the official price list (Ordnungsbussenverodnung)' See items 300.x in the linked document.
Tagesätze: Monetary fine based on your income. One Tagessatz is approximately a days wage.
Grobe Verletzung von Verkehrsregel: Serious infraction of traffic rules Art. 90 Abs 2. SVG. A three month driving ban will be issued. Art. 16c SVG and Federal court ruling BGE 1C_356/2009.
Innerorts: Within city limits
Ausserorts: Outside city limit
Freiheitsstrafe: Jail time

Ordnungsbussen/Simple fines
Certain offences can be handled with a fixed fine as determined by law (Ordnungsbussengesetz) and ordinance (Ordnungsbussenverordnung).
Rules : No one was endangered. Total is not more than CHF 600. There is no plea bargain. There will be no records of any kind. You have 30 days to pay.
Beware: If you contest a simple fine or forget to pay within 30 days it goes to the court. The judge is no longer bound to fixed fines given by the Ordnungsbussenverordnung. Additionaly, court fees will incure (see bellow for details).
The holder of the car (person who is named in cars paper) has to pay the fine unless he can either name the offender or can prove that the car was used without his consent and there was no negligence by him Art. 6 OBG. For example car was stolen.
For tourists: If you get a parking ticket you can pay it at any post office. If you have a rental car this the cheapest you can to, as the rental company will charge you for their "service" to pay the fine for you. Zurich Airport Post Office is open Mon-Fri 7.30am to 9pm and Sat - Sun 8am to 9pm. Locatetd in the Airport Center next to the Migros and Food-Court. One level above Check-in 3.

Criminal Record
A convction according to Art. 90 Abs. 2 SVG (serious infraction of a traffic rule) will end up in the public criminal record.
A conviction according to Art. 90 Abs 1 SVG will only end up in the public record if the fine is more than CHF 5000.
Any conviction by a judge will end up in the non public criminal record (Can be seen by judges, police, migration office, or driving license authority).

Confiscation of the car
The Law mentions the posibility of confiscating and even selling of the car. Art. 90a SVG and Art. 263 Abs. 1 Lit d CrimPC. Three points have to be fullfiled until that hapens.
1) a serious infraction of a traffic rule has occured
2) the infraction was done in a unscrupulous way
3) it is the best mean to deter the offender from any future traffic infraction.
Here the case of a German driver : BGE 1B_98/2013

Normally, a license suspension is considered as a good enough meassure. If the car is sold by the authority the court can decide for what the resulting profit will be used for.

Additionaly, the car can be seized to secure the payments of any possible, fines, fees, and other costs which may incure.
Art. 263 Abs. 1 Lit. b Swiss Criminal Procedure Code
This will most likely apply and happen in a case where a person with foreign domicile was caugth speeding.

Court fees
The fine is only part of the total cost that will incur. There are also court fees and fees for driving bans and warnings!

If traffic infraction which can not resolved with a simple fine, or you contest/do not pay the simple fine, the case will go to the judge. Any ruling by a judge has to be paid by the losing party.

The court fee depends on the Canton, and court.
For ex. in Canton of Zurich the fee is defined in the Verordnung über die Gebühren, Auslagen und Entschädigungen der Strafverfolgungsbehörden (GebV StrV)
And the possible range is CHF 80 up to 2000.

"Fortunately", there is guideline which which fee will be charged based on the fine:
Richtlinien Gebührenansätze der Übertretungsstrafbehörden

The document also says if a case is especially simple or complicated the fee shall be lowered or raised respectively. If you are unhappy with your court fee you can challenge them. But further charges may occur if you loose.

Administration meassures and fees:
Anything that cannot be handled with a simple fine may lead to at least a warning or if more serious to a license suspension. Art. 16 Abs 2 SVG. Be prepared to get a second letter (witha a second bill) after you received the judges ruling. Because, the decision if a warning/license suspension is issued is not made by the judge. This decision is made by the authority at the Strassenverkehrsamt / Service Auto of your residence Canton at a later stage based on the judges ruling and the specific circumstances of the case. There are certain minimum driving bans which can not be shorter by law and federal court rulings. But, the ban can also be longer than the minimum. A warning/driving ban is not for free. The Strassenverkehrsamt / Service Auto will charge you a fee for their service!

The fees for Canton of Zurich Strassenverkehrsamt can be seen on its website.
The fees for Canton of Zug can be seen in this PDF.

As nearly always in Switzerland: Depending on your Canton your millage may vary.

(link and notes for myself):
add timlimits, add details on administartive meassures, add DUI
add statistics on confiscated cars
On Hiatus- Normal operation will resume 22.02.2022 22:02:20.22

Last edited by aSwissInTheUS; 15.08.2015 at 22:31. Reason: 1) Added court and administatrative fees. 2) Added confiscation of the car.
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