Does Billett leave for a pedestrian in St. Gallen?

When a woman from St. Gallen wanted to cross a main road on foot in March 2017, she came across a car. On the basis of the breathalyzer performed, the Traffic and Navigation Office of the Canton of St. Gallen calculated a blood alcohol concentration of at least 2.65 at a maximum of 3.38 weight gain at the time of the accident. Despite the high concentration of alcohol in the blood, the woman showed almost no sign of impairment.

According to the Federal Office of Public Health, the lethal dose for occasional drinkers is 3 to 4% by weight. The agency has therefore suspected the woman to have an alcohol problem. This follows from a verdict released Monday by the Federal Court.

The Agency ordered a medical examination of the traffic. The person concerned does not only have the driving license for passenger cars. It is also authorized to drive trucks and to drive motor vehicles that can carry more than eight people.

Against the disposal of the Office of Road Traffic and Navigation, St. Gallen resisted up to the Federal Court – but to no avail. The Lausanne judges said in their judgment that it was not absolutely necessary, for a medical examination on the circulation, that the driver actually drives under the influence of alcohol.

According to the case law of the Federal Supreme Court, it is sufficient that there are valid reasons for a traffic-dependent behavior. It was not necessary to prove that the plaintiff was not able to sufficiently differentiate the consumption of alcohol from road traffic. (SDA)