If there is something really dangerous And it is very annoying when driving when someone comes with their car and sticks to yours while you are overtaking. It happens all the time in all the highways Spain and Europe, but it is still illegal. The Swiss justice system has reminded a Swiss millionaire lawyer of this by imposing a fine on him Fine of 108,500 Swiss francs (115,000 euros).
The incident took place on the A1, which passes through the canton of Aargau, near Zurich. A 58-year-old Swiss man did not keep a sufficient distance from the car in front of him. He drove at a speed of 110 to 120 km/h (the maximum legal speed limit on a Swiss motorway), leaving a distance between his BMW 540d and the car in front of him of less than 12 metres. This traffic violation cost him dearly.
Having a car with powerful brakes is no excuse to tailgate the car in front of you
At half past nine on a Thursday in March 2023, the 58-year-old man was driving his BMW on the A1 motorway in the direction of Zurich. It followed the vehicle in front in the left lane for a distance of 2,400 metres at a speed of 110 to 120 km/h and with an estimated gap of between eight and twelve metres.
After being convicted at first instance, the lawyer took his case to the Higher Court of Aargau. The Higher Court ruled against him, pointing out that the police video, recorded from a patrol car, showed that the defendant was following the vehicle in front of him at a (too) short distance. In the video, it can be seen that the distance between the two vehicles was only one dashed line when it is recommended to leave the equivalent of two dashed lines between two vehicles.
For the judges, it is clear that the behaviour of the convicted driver represented a serious danger to the safety of other road users. His driving was considered “reckless”. The argument that he was prepared to brake and that his car was equipped with excellent quality equipment, thus explaining that he saw no danger, did not convince the judges.
“The fact that his vehicle was equipped with sports or racing brakes that allow a quick and effective reaction does not change the dangerous nature of the defendant’s driving, since the reaction time during braking must also be taken into account, which according to case law is at least one second, even with greater preparation for braking,” the court said.
In Switzerland, the fines for traffic violationssuch as speeding, are based on the defendant’s income. Fines are calculated in days and the courts can set a fine of between 30 and 3,000 Swiss francs per day. A fine of 5 days would be equivalent to a sum of between 150 and 15,000 Swiss francs. The court has alleged that the lawyer has an annual net income of about 1.6 million francs (1.76 million euros), hence the high fine.
The judges sentenced the driver to a suspended fine of 1,970 Swiss francs for 50 days, or 98,500 Swiss francs in total. The probationary period is two years. The convicted driver will immediately have to pay a fine of 10,000 Swiss francs, bringing the total to 108,500 Swiss francs (115,000 euros), as well as all the costs of his court proceedings.
Despite having already lost two appeals, the lawyer can take the matter to federal court to continue his crusade. In retrospect, it would probably have been easier to respect safe distances.
Photo | Mattes
Source: www.motorpasion.com
