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-   -   Einvernahme for excessive speeding +40 on autobahn (https://www.englishforum.ch/transportation-driving/288962-einvernahme-excessive-speeding-40-autobahn.html)

Guest 03.01.2019 12:34

Einvernahme for excessive speeding +40 on autobahn
 
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:msncrazy: 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.

Guest 03.01.2019 15:24

Re: Einvernahme for excessive speeding +40 on autobahn
 
Well I'm no expert on this, but that sort of excess would mean an instant removal of licence had they stopped you, so I suspect that the reason they want to see you is that they want to take your licence away and tell you that you're no longer allowed to drive pending the case going through the system.

Guest 03.01.2019 15:34

Re: Einvernahme for excessive speeding +40 on autobahn
 
I wouldn't try to offer any excuses or reasons, it may only dig you into a deeper hole (it would be hard to make any kind of reason not look like you lost control or concentration). Just be super-apologetic, they'll see that it's your first offence, and take whatever fine or ban they give you.

aSwissInTheUS 03.01.2019 15:37

Re: Einvernahme for excessive speeding +40 on autobahn
 
Many accounts and stories plus what will hapen and how much it will cost:
http://www.englishforum.ch/transport...law-fines.html

Quote:

But I have to go in person and in my bad German explain something...
No need to go, you could also write that you were the driver at that time. The best might be to remain silent about the circumstances. Unless you have an excuse where a live was in danger (for ex. you must rush to the hospital because the passenger was bleeding to death) there is no excuse at all which could reduce the sentence, but many to make it worse.

If you go, tell your name, maybe that you were the driver, and that they can get the income details for the wage based monetary fine from the tax authority. For all question, once again, remain silent.

Guest 03.01.2019 15:38

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027015)
to say that because of one idiot I lost my control for that moment and floored the gas pedal might make everything worse.

You can say a lot of things, but saying that you lost control is one of the most dumbs things you can say because you would admit that emotionally you are not capable to participate in traffic.

Just tell them the truth (unless the truth is that you actually lost control), be friendly and understanding. You are a grown up and you knew what you where doing.

Guest 03.01.2019 15:49

Re: Einvernahme for excessive speeding +40 on autobahn
 
I am afraid it is written I have to go there, there is a deadline and some statement that if I don't appear than it will be dealt further with court (i guess just additional fees on top of this case of speeding)

aSwissInTheUS 03.01.2019 15:51

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027067)
I am afraid it is written I have to go there, there is a deadline and some statement that if I don't appear than it will be dealt further with court (i guess just additional fees on top of this case of speeding)

It will go to the court any way and there will be court fees anyway as well.

What is the exact wording on the invite?

Guest 03.01.2019 16:04

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by aSwissInTheUS (Post 3027070)
It will go to the court any way and there will be court fees anyway as well.

What is the exact wording on the invite?

I have to look the exact words in the evening at home, but I am pretty sure the wording does not assume sending anything as a letter, but a personal presence there, and it is exactly what I am confused about, if it was just a form like other people had to say who is a driver and state some reasons, and then it goes to court...But the very experience going there and saying/understanding their German scares me. If they ask questions and I remain silent, they will think I do not cooperate or have no remorse or whatever. I never had any experience before talking to police in my life....

roegner 03.01.2019 16:15

Re: Einvernahme for excessive speeding +40 on autobahn
 
Take an interpretor with you, maybe Mullhollander is available?

Guest 03.01.2019 16:25

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027072)
I have to look the exact words in the evening at home, but I am pretty sure the wording does not assume sending anything as a letter, but a personal presence there, and it is exactly what I am confused about, if it was just a form like other people had to say who is a driver and state some reasons, and then it goes to court...But the very experience going there and saying/understanding their German scares me. If they ask questions and I remain silent, they will think I do not cooperate or have no remorse or whatever. I never had any experience before talking to police in my life....

You won't need to say anything. Don't deny it, don't admit to any given speed, don't say anything about why you were speeding. The camera evidence is all they need, nothing you say will make it any better but could potentially make it worse. Just shrug your shoulders and accept what will happen. And don't expect to be driving home:msnsad:

The other thread will have examples, but you'll be looking at a ban of at least three months and fines of well over a thousand francs, perhaps as much as two, but only once it's gone through the system, which could take several months in total.

Guest 03.01.2019 16:41

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

You won't need to say anything. Don't deny it, don't admit to any given speed, don't say anything about why you were speeding. The camera evidence is all they need, nothing you say will make it any better but could potentially make it worse. Just shrug your shoulders and accept what will happen. And don't expect to be driving home:msnsad:

The other thread will have examples, but you'll be looking at a ban of at least three months and fines of well over a thousand francs, perhaps as much as two, but only once it's gone through the system, which could take several months in total.
Ok, thank you, I will try to stay silent. I am also wondering what kind of camera was that, with a red little glimpse to the front, but not to the back, is it really capable of taking a picture at night and how accurate it can be, why they didn't send me the measured speed? Interesting thing, that after a few days the actual normal blitzer with a flasher appeared 20m from that place where I saw that red glimpse.

aSwissInTheUS 03.01.2019 16:45

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027072)
If they ask questions and I remain silent, they will think I do not cooperate or have no remorse or whatever. I never had any experience before talking to police in my life....

It is a standard case. There is a speed measurement, there is a picture.
There is no real victim except the public itself (or did you tail gate as well :eek:). Remorse will not give you a discount. As they say, anything you say can and will be used against you.

The only thing you must do is that you must cooperate about your identity. So bring passport, permit, and driving license. State name, nationality, birth date, birth place or place of origin (if Swiss), and where you live. Stating that you were the driver is optional, but if it is clear case than there is no much harm admitting it. Do not expect a big or any discount for admitting it.

If you get fined by the court, and you were at least 35 km/h faster than allowed, a 3 month driving ban issued by your cantons traffic authority is inevitable.

If you admit you were the driver they (actually the court/prosecutor) will need your financial details. Best is to simply say that the prosecutor can get them from the tax authorities.

The hardest part is to actually remain silent and not answer the police's many questions. Remember, it is your good right to remain silent Art. 113 Criminal Procedure Code https://www.admin.ch/opc/en/classifi...ndex.html#a113 and they must inform you about that before they start questioning you Art. 158 Criminal Procedure Code https://www.admin.ch/opc/en/classifi...ndex.html#a158

eyebeebe 03.01.2019 17:02

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027089)
Ok, thank you, I will try to stay silent. I am also wondering what kind of camera was that, with a red little glimpse to the front, but not to the back, is it really capable of taking a picture at night and how accurate it can be, why they didn't send me the measured speed? Interesting thing, that after a few days the actual normal blitzer with a flasher appeared 20m from that place where I saw that red glimpse.

If you don’t think you can stay silent, take a lawyer with you. At 50 over on the Autobahn, on top of a ban, you are looking at a fine based on your income (I’m sure the expert here can confirm - household if you don’t have your own).

ETA I see the 150 was your guess at your speedo readout. If you are super lucky then the over reading that all speedos have plus the inaccuracy discount you get add up to 16km/h it’s going to cost you a 1,000 and 2 years probation.

Guest 03.01.2019 17:03

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by aSwissInTheUS (Post 3027093)
It is a standard case. There is a speed measurement, there is a picture.
There is no real victim except the public itself (or did you tail gate as well :eek:). Remorse will not give you a discount. As they say, anything you say can and will be used against you.

The only thing you must do is that you must cooperate about your identity. So bring passport, permit, and driving license. State name, nationality, birth date, birth place or place of origin (if Swiss), and where you live. Stating that you were the driver is optional, but if it is clear case than there is no much harm admitting it. Do not expect a big or any discount for admitting it.

If you get fined by the court, and you were at least 35 km/h faster than allowed, a 3 month driving ban issued by your cantons traffic authority is inevitable.

If you admit you were the driver they (actually the court/prosecutor) will need your financial details. Best is to simply say that the prosecutor can get them from the tax authorities.

The hardest part is to actually remain silent and not answer the police's many questions. Remember, it is your good right to remain silent Art. 113 Criminal Procedure Code https://www.admin.ch/opc/en/classifi...ndex.html#a113 and they must inform you about that before they start questioning you Art. 158 Criminal Procedure Code https://www.admin.ch/opc/de/classifi...ndex.html#a158

Exactly that's what I thought, they have a picture, measurement, why do they send me this Einvernahme instead of a letter "Your speed is too high, it goes to court", what do they want me to explain :( That's why I wanted to ask how to behave in such situation, and that another blitzer with a flasher appeared after 2 days at almost the same place, I find it really weird. What if they were doing some laser measurements/calibration and only afterwards they put a blitzer with a flash...
Will they really take away my license on spot while the case is going through the system?

aSwissInTheUS 03.01.2019 17:21

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027098)
Exactly that's what I thought, they have a picture, measurement, why do they send me this Einvernahme instead of a letter "Your speed is too high, it goes to court", what do they want me to explain

Explain? Nothing. But they have to formally establish the identity of the driver and formally denote you as the accused before the case can be sent to court.

Quote:

Originally Posted by AngelinaB (Post 3027098)
Will they really take away my license on spot while the case is going through the system?

Unlike Ace1, I would say no. You can contest that and the license should only surrendered after the courts decision is final. The court (in St.Gallen) will note decide about a ban, this will done by your local traffic/driving license authority.

Quote:

Originally Posted by AngelinaB (Post 3027098)
and that another blitzer with a flasher appeared after 2 days at almost the same place, I find it really weird. What if they were doing some laser measurements/calibration and only afterwards they put a blitzer with a flash...

Not relevant. Only what matters is that you have been flashed at the time you were speeding. If it were a calibration you had not gotten a letter.

Edit: Please read Art. 142 - 148 https://www.admin.ch/opc/en/classifi...ndex.html#a142
and Art. 157 - 161 https://www.admin.ch/opc/en/classifi...ndex.html#a157
that should give you at least a small idea what will happen.

roegner 03.01.2019 17:22

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027098)
and that another blitzer with a flasher appeared after 2 days at almost the same place, I find it really weird. What if they were doing some laser measurements/calibration and only afterwards they put a blitzer with a flash...
Will they really take away my license on spot while the case is going through the system?

Probably because they caught several people speeding there?

Guest 03.01.2019 17:27

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by aSwissInTheUS (Post 3027101)
Explain? Nothing. But they have to formally establish the identity of the driver and formally denote you as the accused before the case can be sent to court.


Unlike Ace1, I would say no. You can contest that and the license should only surrendered after the courts decision is final. The court (in St.Gallen) will note decide about a ban, this will done by your local traffic/driving license authority.


Not relevant. Only what matters is that you have been flashed at the time you were speeding. If it were a calibration you had not gotten a letter.

OK, thanks, I feel better, if it is only to establish my identity and I remain silent on all their questions, than it simplifies the task.

aSwissInTheUS 03.01.2019 17:42

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

Originally Posted by AngelinaB (Post 3027103)
OK, thanks, I feel better, if it is only to establish my identity and I remain silent on all their questions, than it simplifies the task.

Plus that they can look up the financial details at the tax office.

Please read Art. 142 - 148 https://www.admin.ch/opc/en/classifi...ndex.html#a142
and Art. 157 - 161 https://www.admin.ch/opc/en/classifi...ndex.html#a157
that should give you at least a small idea what will happen.

kefalonia 03.01.2019 18:37

Re: Einvernahme for excessive speeding +40 on autobahn
 
Quote:

I wouldn't try to offer any excuses or reasons, it may only dig you into a deeper hole (it would be hard to make any kind of reason not look like you lost control or concentration). Just be super-apologetic, they'll see that it's your first offence, and take whatever fine or ban they give you.
Hi,

Total silence might be considered also as a form of non-cooperation, and it won't buy you any sympathy from the officers - not that that always helps.

Sure, giving reasons might be pointless, too. But one thing you can do, is to express acknowledgement of the information that they already gave to you and establish that you are now aware of it -such as on speed limit and location of sensor for policy enforcement - you want to become and/or remain complying.
i.e. Focus on facts of the road, not facts of the moment, to build some ground.

The fact they ask you to be present might imply they wish to establish a legal base about the next act, which is to pursue a person to court - this won't be an easy outcome, so be ready for eventualities.

But at least, realise that they are doing their job: collect information about why drivers are breaking the speed limit at that location and deciding on next steps.

If there are more drivers speeding in that location, this might hint in something needing to change on their end. And yes, you are quite not alone in this: I have recently been fined in the Zurich area for speeding at 52Km/hr (a bit over 50: 55km/hr real minus 3km/hr margin), after 10 years of no fines, and I would surely had avoided it, if I the indications were more clear: I do try to stay legit and safe. But roads and signs aren't always perfect, even in Switzerland.

fatmanfilms 03.01.2019 18:49

Re: Einvernahme for excessive speeding +40 on autobahn
 
Sympathy does not come into it, OP committed a crime, evidence exists there is nothing to add.

Quote:

Originally Posted by kefalonia (Post 3027115)
Hi,

Total silence might be considered also as a form of non-cooperation, and it won't buy you any sympathy from the officers - not that that always helps.

Sure, giving reasons might be pointless, too. But one thing you can do, is to express acknowledgement of the information that they already gave to you and establish that you are now aware of it -such as on speed limit and location of sensor for policy enforcement - you want to become and/or remain complying.
i.e. Focus on facts of the road, not facts of the moment, to build some ground.

The fact they ask you to be present might imply they wish to establish a legal base about the next act, which is to pursue a person to court - this won't be an easy outcome, so be ready for eventualities.

But at least, realise that they are doing their job: collect information about why drivers are breaking the speed limit at that location and deciding on next steps.

If there are more drivers speeding in that location, this might hint in something needing to change on their end. And yes, you are quite not alone in this: I have recently been fined in the Zurich area for speeding at 52Km/hr (a bit over 50: 55km/hr real minus 3km/hr margin), after 10 years of no fines, and I would surely had avoided it, if I the indications were more clear: I do try to stay legit and safe. But roads and signs aren't always perfect, even in Switzerland.



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