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  #41  
Old 04.01.2019, 10:44
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Re: Einvernahme for excessive speeding +40 on autobahn

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Yes I am glad I am entertaining you, I am also entertained by all the blitzers hidden behind the trees and that they exchange them every week (may be they borrow different blitzers from time to time), I really am so desperate at times a police officer standing on cold morning with his laser gun, but unfortunately nobody is speeding, you can read that utter disappointment on his face. So at the end of the year more flashers have to be put, in the middle of straight autobahn, which is located in the field with cows, then utter criminals will be punished! Sucking it up, bro
Sounds like you are well aware of the number of speed cameras scattered around, which makes your criminal act all the more reckless.

Why were you doing 150 in a 100 zone? Did you miss the change from 120 to 100? Or you did actually know what you were doing?

Anyway, you won't be going to prison, as long as you pay the massive fine and don't drive while you are banned.
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  #42  
Old 04.01.2019, 10:44
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Re: Einvernahme for excessive speeding +40 on autobahn

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Only after you
For what offence, pray tell?
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  #43  
Old 04.01.2019, 10:54
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Re: Einvernahme for excessive speeding +40 on autobahn

I'm assuming here your native language is English? If so speak only English and let them find an interpreter. Next accept you will get a ban and a big fine.

First they will establish your name, address, d.o.b. etc. No harm in answering this, they probably know it anyway.

Most likely, they will simply say what you have done, and ask for your license which may (but not necessarily) be removed on the spot, and then tell you the matter is serious enough that it will be dealt with by a judge, and you can go.

If they question you, it must be under caution, and your best response is at all times to say you don't remember where you were, it may have been you, or someone else (but only if others drive your car), you can't recall you were speeding etc.

At the end, they will pressure you to sign the verbale. DO NOT SIGN!
At the end, they will pressure you to sign the verbale. DO NOT SIGN!!!

If you're really worried, look around for a lawyer or spend a couple of hundred francs seeing one for advice.

Good luck and maybe start saving for a GA
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Old 04.01.2019, 10:56
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Re: Einvernahme for excessive speeding +40 on autobahn

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Hello everyone,

Wanted to ask for an advice about Einvernahme invitation from the police, did someone has such experience? Long story short I got caught with a red! kind of flash laser on autobahn with 150 on my speedometer in a zone of 100, it is my first offense and a few weeks later I got a letter invitation for Einvernahme to a local police station where I live in canton Schwyz (blitzer was actually in canton St. Gallen). There was no form as usual to write driver details nor any numbers for measured speed, just a letter directly addressed to me . I don't know what should I say to them, to say that because of one idiot I lost my control for that moment and floored the gas pedal might make everything worse. Did someone went through such procedure? Other people reported that court decisions were made already and fines and punishments decided and given in a letter, but I have to go in person and in my bad German explain something...

PS. people with negativity and comments that I should be locked up, please, keep it to yourself, I already feel bad enough.

yep, I had the same. I drove even faster as I overlooked a sign placed on the ground of road maintenance saying 80kmh and I drove 140kmh right into a laser beam from an undercover police car. they called me 10 mins on my mobile(!) after the flash n ordered me immediately to return to some Police station. they almost handcuffed me, took my license on the spot and locked down my car in the compound. if it was that i had refused to come in, they would have sent a police car to my home to the arrest me n stuff. then they filed a report, I confessed it all straight away (lucky me) and ended up getting the full menu from the federal prosecutor. 5k (instead of regular 15k) fine plus a 25k threat as 2-year probation and no license for another 3 months. it was in my favor that how it went was no story but could be logically proven: 2 lorries blocked the view, I overlooked the sign when I accelerated to overtake the slow driving trucks... bam. that lowered it to 5k. I called the prosecutor n asked what it meant, being caught speeding another time because in the 2 years probation and after that time. I would have sold the car and stopped driving in CH forever when it might have meant with absolute 100% no speeding as its impossible for instance to drive 120kmh sharp. to concentrate like a loony on the tachometer would make driving impossible. what it means is another excessive violation of speed limits. phew! I am "clean" for 3 years and counting. *knock on wood*
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  #45  
Old 04.01.2019, 11:03
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Re: Einvernahme for excessive speeding +40 on autobahn

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I'm assuming here your native language is English? If so speak only English and let them find an interpreter. Next accept you will get a ban and a big fine.

First they will establish your name, address, d.o.b. etc. No harm in answering this, they probably know it anyway.

Most likely, they will simply say what you have done, and ask for your license which may (but not necessarily) be removed on the spot, and then tell you the matter is serious enough that it will be dealt with by a judge, and you can go.

If they question you, it must be under caution, and your best response is at all times to say you don't remember where you were, it may have been you, or someone else (but only if others drive your car), you can't recall you were speeding etc.

At the end, they will pressure you to sign the verbale. DO NOT SIGN!
At the end, they will pressure you to sign the verbale. DO NOT SIGN!!!

If you're really worried, look around for a lawyer or spend a couple of hundred francs seeing one for advice.

Good luck and maybe start saving for a GA
Why do you think I shouldn't sign anything? I do understand quite well written German, it is just talking is a bit of a problem, if I don't sign anything can it be negatively interpreted? As I understand there is a room for making fine either on lower side or on utterly higher side, I would prefer not to escalate everything with them...
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  #46  
Old 04.01.2019, 11:10
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Re: Einvernahme for excessive speeding +40 on autobahn

My biggest concern was: do I have to go to jail? the copper eased me saying though it was 60kmh over what was allowed, first offender in 99.9% of the cases still get away with no jail time (also depending on how cooperative you are and other pro-circumstances)-> cash. second, I asked if they will destroy my car? same reply. also that I did not endanger other people came into the effect.
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Old 04.01.2019, 11:10
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Re: Einvernahme for excessive speeding +40 on autobahn

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yep, I had the same. I drove even faster as I overlooked a sign placed on the ground of road maintenance saying 80kmh and I drove 140kmh right into a laser beam from an undercover police car. they called me 10 mins on my mobile(!) after the flash n ordered me immediately to return to some Police station. they almost handcuffed me, took my license on the spot and locked down my car in the compound. if it was that i had refused to come in, they would have sent a police car to my home to the arrest me n stuff. then they filed a report, I confessed it all straight away (lucky me) and ended up getting the full menu from the federal prosecutor. 5k (instead of regular 15k) fine plus a 25k threat as 2-year probation and no license for another 3 months. it was in my favor that how it went was no story but could be logically proven: 2 lorries blocked the view, I overlooked the sign when I accelerated to overtake the slow driving trucks... bam. that lowered it to 5k. I called the prosecutor n asked what it meant, being caught speeding another time because in the 2 years probation and after that time. I would have sold the car and stopped driving in CH forever when it might have meant with absolute 100% no speeding as its impossible for instance to drive 120kmh sharp. to concentrate like a loony on the tachometer would make driving impossible. what it means is another excessive violation of speed limits. phew! I am "clean" for 3 years and counting. *knock on wood*
Thanks for sharing the story, I will see how it goes during this Einvernahme, hopefully nothing will be confiscated ��
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Old 04.01.2019, 11:14
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Re: Einvernahme for excessive speeding +40 on autobahn

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My biggest concern was: do I have to go to jail? the copper eased me saying though it was 60kmh over what was allowed, first offender in 99.9% of the cases still get away with no jail time (also depending on how cooperative you are and other pro-circumstances)-> cash. second, I asked if they will destroy my car? same reply. also that I did not endanger other people came into the effect.
Oh I see, and this is really I still cannot figure out, should I be cooperative or not, everyone else says better say nothing at all, in the US I would say this is exactly the direction to follow, but here.... they are really far from that "people have rights not to incriminate themselves" mentality and I am afraid they will see it as a sign that I do need to be punished severely.
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  #49  
Old 04.01.2019, 11:15
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Re: Einvernahme for excessive speeding +40 on autobahn

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The initial point made, that +45 kph on autobahn is not a criminal proceeding in other countries! traffic offense by default is not a criminal act! that is the difference of Switzerland with other countries
+45kph over the speed limit on the HW/IS would get you some jail time in many states in the US (ex. in NY it is up to 30 days).

Now my 2cents for you:
  1. Get a lawyer.
  2. Stop writing about your offence in a public available place (e.g. this forum). You wouldn't go to Zurich HB and ask strangers for an advice on this right?
    Cops are not idiots and while it might not be legally usable against you, they will use the information you give out here against you in either way.
  3. Go to the Einvernahme and shut up (your lawyer will tell you the same)

What will await you? Up to 60 daily rates, 3-6 months licence suspension, an entry into the traffic offence database and maybe an entry into your criminal record for "Harsh violation of traffic rules" (Grobe Verkehrsregelverletzung).
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  #50  
Old 04.01.2019, 11:20
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Re: Einvernahme for excessive speeding +40 on autobahn

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Oh I see, and this is really I still cannot figure out, should I be cooperative or not, everyone else says better say nothing at all, in the US I would say this is exactly the direction to follow, but here.... they are really far from that "people have rights not to incriminate themselves" mentality and I am afraid they will see it as a sign that I do need to be punished severely.
Just go and be polite, apologetic and simply answer their questions. You've "only" been speeding, not running around naked in Migros with a crossbow.

If you're worried, take a lawyer with you. It'll probably be for nothing but maybe will give you some peace of mind.

Seriously, people get caught speeding all the time - you are over-thinking the whole thing.
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  #51  
Old 04.01.2019, 11:23
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Re: Einvernahme for excessive speeding +40 on autobahn

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Oh I see, and this is really I still cannot figure out, should I be cooperative or not, everyone else says better say nothing at all, in the US I would say this is exactly the direction to follow, but here.... they are really far from that "people have rights not to incriminate themselves" mentality and I am afraid they will see it as a sign that I do need to be punished severely.
If I was you, I'd cooperate. Why not? they caught you, there is the evidence/the photo... I have heard stories that these lasers might not work correctly and some smart ass lawyer can eventually fight it off. from my perspective, there is a 10% chance that it will work. the majority of people I(!) know that followed that road lost it and had to pay anyways. there are some forums in the webs discussing pro/contra and outcome (mostly in German). you can bite through and try to get a picture if its worth it. if you have law insurance you can call n discuss it with them what to do. I feel that if you confess it, give a statement it can be for your benefit.
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  #52  
Old 04.01.2019, 11:28
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Re: Einvernahme for excessive speeding +40 on autobahn

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Why do you think I shouldn't sign anything? I do understand quite well written German, it is just talking is a bit of a problem, if I don't sign anything can it be negatively interpreted? As I understand there is a room for making fine either on lower side or on utterly higher side, I would prefer not to escalate everything with them...
in Switzerland a penalty cannot be increased because you plead not guilty or refuse to sign a document from the police. It is your right not to say or sign anything, so your case will not be prejudiced.

You're not a lawyer, and the way the police write a document can mean it's heavily tilted in their favour and can be negatively interpreted. If you go alone you can always ask for a copy saying you will have your lawyer read it and if he approves you will sign it. Remember, a judge will decide on the penalty, not the police.

If the judge asks why you didn't sign (unlikely) then say the police were putting you under such pressure to sign it made you nervous.
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Old 04.01.2019, 11:51
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Re: Einvernahme for excessive speeding +40 on autobahn

Surely just admit to being the driver and ‘no comment’ to everything else is the way to go?
Unless you have some mitigating circumstance ala LuganoPirate.
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Old 04.01.2019, 17:55
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Re: Einvernahme for excessive speeding +40 on autobahn

I did it years ago, just wanted to confirm my name and salary. All the rest is done by post. You can choose between a fine or days in jail. If they take your license you can choose when, you can also pay a fine in installments. Please note that you may be on probabation for a couple of years, meaning no more infringements.
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Old 04.01.2019, 18:04
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Re: Einvernahme for excessive speeding +40 on autobahn

OP I think you'll have your record permanently stained and your permit will be potentially affected.
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Old 04.01.2019, 18:05
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Re: Einvernahme for excessive speeding +40 on autobahn

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Oh I see, and this is really I still cannot figure out, should I be cooperative or not, everyone else says better say nothing at all.
Not nothing at all. But not more than what it is actually necessary. Admitting you were the driver is more than enough cooperation.
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Old 04.01.2019, 18:45
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Re: Einvernahme for excessive speeding +40 on autobahn

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OP I think you'll have your record permanently stained and your permit will be potentially affected.
And I will be deported immediately with a rocket launch
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Old 04.01.2019, 18:49
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Re: Einvernahme for excessive speeding +40 on autobahn

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For what offence, pray tell?
Go and pray then, Padre

PS: prize for the most unhelpful and useless comments in this thread is given to you
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Old 04.01.2019, 18:58
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Re: Einvernahme for excessive speeding +40 on autobahn

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Go and pray then, Padre

PS: prize for the most unhelpful and useless comments in this thread is given to you
LOL. Do you drive like you post?
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Old 04.01.2019, 19:00
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Re: Einvernahme for excessive speeding +40 on autobahn

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Committed what is considered a crime in SWITZERLAND ONLY, if I made an accident and caused the damage or injuries that is universal understanding of the crime.
Absolute BS. If that is your attitude then hopefully we will not be seeing you on the roads for the foreseeable future.
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