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Old 07.01.2019, 10:47
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Re: Einvernahme for excessive speeding +40 on autobahn

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what to do about a mistake of being born a retard?
There, there, don't be so hard on yourself. Just pay the fine.
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  #142  
Old 07.01.2019, 10:55
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Re: Einvernahme for excessive speeding +40 on autobahn

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There, there, don't be so hard on yourself. Just pay the fine.
Doubtfully there are retards with PhD, but don't worry I won't be hard on you anymore, my mentally challenged balkan friend *peace* I know it is hard to go over 80 limit in your truck, so your are safe And it is not the fine as I said I am upset about, but the ban for 3 months.
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  #143  
Old 07.01.2019, 11:01
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Re: Einvernahme for excessive speeding +40 on autobahn

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  #144  
Old 07.01.2019, 11:05
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Re: Einvernahme for excessive speeding +40 on autobahn

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My understanding is it is a criminal offence, and will go on your record for a certain period of time, but as a first offence will not effect your permit.
it will last 10 years. 2 years it will be in your official record, 8 years only to be seen by an authority like police and most importantly migrationsamt. so no swiss passport for you...
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  #145  
Old 07.01.2019, 11:13
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Re: Einvernahme for excessive speeding +40 on autobahn

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Doubtfully there are retards with PhD, but don't worry I won't be hard on you anymore, my mentally challenged balkan friend *peace* I know it is hard to go over 80 limit in your truck, so your are safe And it is not the fine as I said I am upset about, but the ban for 3 months.
I was quite sympathetic to you at the beginning, anyone can make a mistake in a moment of inattention, but that sympathy rapidly evaporated when you started throwing the word ‘retard’ around and making personal insults.
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  #146  
Old 07.01.2019, 11:40
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Re: Einvernahme for excessive speeding +40 on autobahn

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I was quite sympathetic to you at the beginning, anyone can make a mistake in a moment of inattention, but that sympathy rapidly evaporated when you started throwing the word ‘retard’ around and making personal insults.
Yes my benign intentions to communicate in this thread also all evaporated, once garbunko started with "Russians coming from the wilderness, and I have to evolve", therefore my further comments. But all is fine, it is a forum after all, no one will talk like this in person
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  #147  
Old 07.01.2019, 12:05
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Re: Einvernahme for excessive speeding +40 on autobahn

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no one will talk like this in person
You have never been to an EF meet up
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  #148  
Old 07.01.2019, 12:15
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Re: Einvernahme for excessive speeding +40 on autobahn

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You have never been to an EF meet up
I really have to join one then Are native swiss with only more or less fluent english (get's better with increasing beer intake) even allowed ?
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Old 07.01.2019, 12:32
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Re: Einvernahme for excessive speeding +40 on autobahn

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Probably it is indeed the reason that I cannot wrap my head around, why I have to deal with the police and criminal records for 138 kph on autobahn, in Russia you deal with the police only if you caused damage or someone is hurt, everything else are just fines. Oh well...may be one day I do finally reach the US (sorry don't think it is civilised world here, i think it is just repressed boredom hell)
Since you have a PhD one can assume you can easily calculate the difference in kinetic energy and overall stopping distance coming from 20 kph overspeeding?

When I am in my car with my family I really do hope the driver behind doesn't feel like "As long as nothing happens, theres nothing wrong with my actions" Because when something happens, it's too late. So I want the law to be harsh about potentially dangerous (to others) breaches of law.


I'm far from being perfect, in fact I got three tickets last year btw.


Edit: I hope you find your luck somewhere else then, i doubt that would be the US though
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  #150  
Old 07.01.2019, 12:34
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Re: Einvernahme for excessive speeding +40 on autobahn

In an effort to take something constructive from this thread, some members have been kind enough to share experiences of their own speeding violations and how the matter was dealt with. I would be grateful if these people could advise us on the following:

When the matter went to court...

1. Did you seek legal advice prior to your court appearance?

2. Did you feel able to adequately represent yourself in court?

3. Did you you have anyone accompany you in court, or act on your behalf, such as a lawyer or interpreter?

4. Do you feel that their presence made a difference to the outcome?

5. With the benefit of hindsight, if you found yourself in the same situation again, how would you proceed?

And for the one member who confessed to regular speeding violations, I'm reminded of this, and wonder if you encountered this 'power of the court' at all? This isn't in any effort to damn you, I just wonder how often this power is used, or if it's used more as a sword of Damocles over the proceedings?

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Repeat offences If you are caught speeding repeatedly, you will be banned from driving for a much longer period. In the case of excessive speeding violations, you will be banned from driving until it has been decided whether to permanently disqualify you. In addition, you will be assessed by a psychologist to see whether you are fit to drive.
https://www.ch.ch/en/driving-over-speed-limit/

For my part, I'm very lucky to have maintained a clean licence, however, my OH is my least favourite driver to be a passenger with. Thankfully, we don't have a car in CH, but he keeps threatening to get one, so forewarned is forearmed.
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  #151  
Old 07.01.2019, 12:55
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Re: Einvernahme for excessive speeding +40 on autobahn

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In an effort to take something constructive from this thread, some members have been kind enough to share experiences of their own speeding violations and how the matter was dealt with. I would be grateful if these people could advise us on the following:

When the matter went to court...

1. Did you seek legal advice prior to your court appearance?

2. Did you feel able to adequately represent yourself in court?

3. Did you you have anyone accompany you in court, or act on your behalf, such as a lawyer or interpreter?

4. Do you feel that their presence made a difference to the outcome?

5. With the benefit of hindsight, if you found yourself in the same situation again, how would you proceed?

And for the one member who confessed to regular speeding violations, I'm reminded of this, and wonder if you encountered this 'power of the court' at all? This isn't in any effort to damn you, I just wonder how often this power is used, or if it's used more as a sword of Damocles over the proceedings?

https://www.ch.ch/en/driving-over-speed-limit/

For my part, I'm very lucky to have maintained a clean licence, however, my OH is my least favourite driver to be a passenger with. Thankfully, we don't have a car in CH, but he keeps threatening to get one, so forewarned is forearmed.
Court: I haven't heard of anyone that a proper trial was set up where you had to show up with your attorney, lawyer in court. It could be that there is a limit or a classification of excessive that a trial must happen. I guess it is mostly the case if you crash and/or kill somebody.

though a fellow German is now going to jail for 270kmh and driving on the hard shoulder while overtaking.

https://www.blick.ch/news/schweiz/go...id6272661.html

https://www.blick.ch/news/schweiz/te...id8983377.html

I haven't read that he was at a trial? it seems to me that these sentences are done by the books...
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  #152  
Old 07.01.2019, 12:59
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Re: Einvernahme for excessive speeding +40 on autobahn

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In an effort to take something constructive from this thread, some members have been kind enough to share experiences of their own speeding violations and how the matter was dealt with. I would be grateful if these people could advise us on the following:

When the matter went to court....
At this stage all that was needed was the appearance at police (or prosecutor). Now the prosecutor has all the information needed and will come to a verdict and will issue a Strafbefehl. Unless you object to this verdict there will be no actual court hearing. Note: Prosecutor/court will only decide about the fine but not about any driving ban. Driving ban will be decided independently, but based on court/prosecutor findings by an other authority.

The prosecutor can issue a Strafbefehl (summary penalty order) in the following circumstances:
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1 If the accused has accepted responsibility for the offence in the preliminary proceedings or if his or her responsibility has otherwise been satisfactorily established, the public prosecutor shall issue a summary penalty order if, having taken account of any suspended sentence or parole order that must be revoked, it regards any of the following sentences as appropriate:

a. a fine;
b. a monetary penalty of no more than 180 daily penalty units;
c. [removed]
d. a custodial sentence of no more than 6 months.
Art. 352 Abs. 1 Criminal Procedure Code https://www.admin.ch/opc/en/classifi...ndex.html#a352

One can object against this verdict at the district court. But even then the court case might be done by mail only.
Attorney, lawyer is purely optional and not needed at any point. Not even at the federal court level.
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Last edited by aSwissInTheUS; 07.01.2019 at 13:13.
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  #153  
Old 07.01.2019, 13:17
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Re: Einvernahme for excessive speeding +40 on autobahn

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Court: I haven't heard of anyone that a proper trial was set up where you had to show up with your attorney, lawyer in court..
That will happen if you appeal, I did after a car accident & won.
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  #154  
Old 07.01.2019, 14:05
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Re: Einvernahme for excessive speeding +40 on autobahn

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Court: I haven't heard of anyone that a proper trial was set up where you had to show up with your attorney, lawyer in court. It could be that there is a limit or a classification of excessive that a trial must happen. I guess it is mostly the case if you crash and/or kill somebody.

though a fellow German is now going to jail for 270kmh and driving on the hard shoulder while overtaking.

https://www.blick.ch/news/schweiz/go...id6272661.html

https://www.blick.ch/news/schweiz/te...id8983377.html

I haven't read that he was at a trial? it seems to me that these sentences are done by the books...
And his car was confiscated and auctioned off for CHF 4900!

Tom
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  #155  
Old 07.01.2019, 14:09
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Re: Einvernahme for excessive speeding +40 on autobahn

I was following this thread to gather information if this ever happened to me or anyone I knew and how I would advise them. However, I was hopin, just this one time that the OP won’t be judged or bullied, for their mistakes, but this clearly didn’t happen and turned out as usual to a personal insult match.

Everyone feels brave behind a keyboard and wish people would behave in here in the same manner they would face-to-face.

To the OP, treat this as an expensive lesson and try to limit your damage by being fully compliant to the authorities as you have already demonstrated. Ignore the keyboard warrariors and move on, or better still get the moderators to close this thread as I believe you’ve received the advise you were looking for.
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  #156  
Old 07.01.2019, 14:33
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Re: Einvernahme for excessive speeding +40 on autobahn

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I was following this thread to gather information if this ever happened to me or anyone I knew and how I would advise them. However, I was hopin, just this one time that the OP won’t be judged or bullied, for their mistakes, but this clearly didn’t happen and turned out as usual to a personal insult match.

I don't think the op was being judged for their mistakes. We're well aware that we all make mistakes and I could count on one hand the amount of people I know in Switzerland who never received a fine for speeding.

What perturbed at least me(can't speak for the others ) was the lack of wanting to own up to his/her mistakes and rather blaming it on us " tractor in cowfield " driving swiss. Wishing the justice system in Switzerland would be more like in Russia was also a bit absurd imho, but maybe that's just me.
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Old 07.01.2019, 15:27
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Re: Einvernahme for excessive speeding +40 on autobahn

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Since you have a PhD one can assume you can easily calculate the difference in kinetic energy and overall stopping distance coming from 20 kph overspeeding?...
I've met many people with doctorates, even with a maths PhD I wouldn't bet on it.
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Old 07.01.2019, 15:32
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Re: Einvernahme for excessive speeding +40 on autobahn

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And his car was confiscated and auctioned off for CHF 4900!

Tom
Swiss sellers reportedly price comparable cars (BMW Z4 from 2003, 100k km) at around 10k. You buy off the spot, without any warranty, perhaps no recent service and definitely no MFK, perhaps mostly worn tyres, and of course you need to import the car.

So all things considered 5k doesn't necessarily seem inexpensive.
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Old 07.01.2019, 16:46
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Re: Einvernahme for excessive speeding +40 on autobahn

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Court: I haven't heard of anyone that a proper trial was set up where you had to show up with your attorney, lawyer in court.
Such a requirement would enable the accused to delay the trial until the crime has lapsed.
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Old 07.01.2019, 17:20
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Re: Einvernahme for excessive speeding +40 on autobahn

Has anyone here invested in such installation? Apparently with around 2000 euro you can speed as you want without worrying about being caught:

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