An Italian motorist must pay a fine of 300 francs for combing his hair while driving. Added to this are the fees of his lawyer and 3000 francs for the costs of proceedings before the Federal Court. The latter dismissed the action of the dashing Transalpin.
In April 2019, this resident of the canton of Schwyz drew the attention of an unmarked car of the Zurich police on the A3 motorway by his driving in zigzags. He admitted to the officers that he was combing his hair with his hand and that he was looking in the rear view mirror.
Sentenced by the prefecture of Horgen (ZH) to a fine of 500 francs for simple violation of traffic rules, he appealed and obtained a reduction to 300 francs. At the end of the administrative procedure, he also suffered a one-month license withdrawal for a medium-serious offense.
Inattention
Both the Administrative Court of Schwyz and the Federal Court rejected the motorist’s argument that it was a trifling offense. In a judgment published on Friday, the 1st Court of public law notes that a driver cannot be seen in the rear view mirror. To do this, he must either change his position or adjust the mirror.
In either case, the driver no longer pays full attention to traffic. In this case, the Appellant’s uncertain driving lasted at least 33 seconds and then 20 seconds, at a speed of 120 km / h.
The appellant thus created a high abstract danger. The withdrawal of the driving license for one month is therefore not disproportionate.
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