Road Traffic Law

We defend and represent you in criminal proceedings concerning breaches of road traffic regulations. These include speeding, red-light violations, following too closely, failure to give way, distracted driving, use of a mobile phone while driving, driving while unfit to drive, failure to comply with duties following an accident and allegations of leaving the scene of an accident.

We review police reports, measurement records, photographs, video recordings, witness statements, penalty orders and official decisions. Where appropriate, we file objections, submit applications for evidence, assist you during questioning and represent you before the public prosecutor's office and the courts. Our advice also covers collateral consequences, including an entry in the criminal 

Following a road traffic offence, the Road Traffic Office may open administrative measures proceedings in addition to the criminal proceedings. Possible measures include a warning, a temporary licence withdrawal as an administrative sanction, a preventive withdrawal on road-safety grounds, conditions, a driving assessment, a traffic education course, invalidation of a foreign driving licence for use in Switzerland and measures concerning a probationary driving licence.

We advise and represent you in proceedings before the Road Traffic Office and assess whether the authority has correctly established the facts, classified the offence and determined the duration of the licence withdrawal. Relevant factors include the danger created, degree of fault, previous driving record, occupational hardship and earlier administrative measures. Statutory minimum withdrawal periods may generally neither be reduced nor converted into a financial payment. It is therefore particularly important to respond correctly both in the criminal proceedings and when exercising the right to be heard.

Road traffic law is not limited to allegations against individual drivers. We also advise and represent residents, property owners, businesses, associations and interest groups when authorities introduce 30 km/h zones, shared-space zones, one-way systems, traffic bans, parking prohibitions, changes to Blue Zone parking, removal of parking spaces, loading bays, cycle routes, bus lanes, bollards, access restrictions, traffic signs and road markings on public roads and spaces.

From a legal perspective, the applicable procedure is decisive. In the City of Zurich, a permanent traffic order may often be challenged by filing a request for reconsideration (Begehren um Neubeurteilung) with the City Council. Depending on the project, physical works forming part of a road project may be challenged by an objection under the Cantonal Roads Act. We assess deadlines, standing, jurisdiction, publication, reasons, case files, traffic and noise assessments, access arrangements, effects on businesses and residents, and proportionality.

When challenging permanent traffic orders and road construction projects, compliance with the frequently applicable 30-day time limits is essential. These time limits begin to run upon publication in the relevant official gazette. Before road construction projects are formally published for public inspection in the official gazette, there is often a public participation procedure, also announced in the official gazette, in which all alleged deficiencies in the project may be raised by way of representations within 30 days.

We represent you at every stage of the proceedings and draft representations, objections, requests for reconsideration, administrative appeals and judicial appeals on your behalf.

The removal of parking spaces, changes to traffic routing and 30 km/h orders can have significant effects on residents, property owners, retail premises, craft and trade businesses, medical practices, restaurants and delivery services. General political or economic objections are not sufficient. The legal submission must explain why the specific measure has not been adequately assessed, is disproportionate, lacks sufficient reasons or is incompatible with higher-ranking law or binding planning instruments.

We represent both individual clients and groups of affected persons. Where appropriate, we coordinate submissions and consolidate aligned interests.

We advise you on allegations of speeding, red-light violations, following too closely, dangerous overtaking and other common road traffic offences. In speeding cases, we examine the measurement method, applicable tolerance deduction, signage, measurement location, case file, driver identification and classification as a minor, moderately serious, serious or particularly serious offence.

Extreme speeding ("Raser") cases may have particularly severe consequences. In addition to substantial penalties and an entry in the criminal records register, they may result in a lengthy driving licence withdrawal, a traffic-psychological assessment, possible confiscation of the vehicle and significant insurance consequences. An early defence strategy is essential.

We represent you in cases involving allegations of driving while under the influence or otherwise unfit to drive. This includes alcohol, drugs, medication, fatigue or a combination of factors. Depending on the circumstances, blood and urine samples, breath alcohol measurements, medical reports, police observations and expert reports on fitness to drive may be decisive.

In addition to criminal sanctions, administrative measures may include withdrawal of the driving licence, conditions, abstinence monitoring or a fitness-to-drive assessment. We review the legal basis, evidence and proportionality of the measures. We also advise you on how to engage with the police, public prosecutor's office, Road Traffic Office, doctors and experts.

Following a road traffic accident, issues of criminal law, civil liability and insurance law frequently arise at the same time. Who caused the accident? Which losses are recoverable? Who must pay vehicle repair costs, medical and treatment costs, loss of earnings, loss of housekeeping capacity, care costs, compensation for non-pecuniary loss or legal fees? What roles are played by motor liability insurance, comprehensive motor insurance, accident insurance and recourse claims?

We represent injured parties, alleged at-fault drivers and other persons involved in the legal resolution of road traffic accidents. We assess liability, fault, causation, heads of loss, medical records, expert reports and correspondence with insurers. Our aim is to pursue or defend claims appropriately, particularly in cases involving personal injury, permanent impairment, disputed fault or delayed claims handling.

Not every fine should be challenged. However, apparently minor traffic offences may later have significant consequences, particularly where there are previous offences or administrative measures proceedings may follow. We assess whether a fixed penalty, criminal charge or penalty order is legally correct and whether filing an objection is proportionate and strategically advisable.

The applicable deadline is particularly important. A person who does not object to a penalty order in time will generally be deemed to have accepted it. This may also affect subsequent administrative measures proceedings. We help you assess the prospects realistically and avoid unnecessary costs.

If a person's fitness to drive is called into question, the Road Traffic Office may order a medical or psychological fitness-to-drive assessment. Reasons may include alcohol, drugs, medication, repeated road traffic offences, illness, age, psychological strain or concerns regarding driving competence.

We advise you before such assessments, explain the procedure and review whether the order is legally permissible. Once an expert report has been issued, we assess whether conditions, evidence of abstinence, driving assessments, a preventive licence withdrawal or conditions for restoration of the licence are factually and legally justified. Where necessary, we represent you in appeal proceedings.

Road traffic law is not limited to fines and driving licences. We also advise on legal disputes relating to vehicles. These include defects in vehicle purchases, inaccurate assurances such as "accident-free", contractual guarantees and statutory warranty rights, rescission, remedial performance, repair costs, leasing agreements, vehicle valuations, expert reports and disputes with garages or insurers.

For used vehicles, leased vehicles and costly repairs in particular, the contractual documents, handover records, warranty terms and technical reports should be reviewed carefully. We help you enforce valid claims or defend against unjustified demands.

We advise companies, transport operators, delivery services, trading businesses, employers and fleet operators on road traffic matters. These include accidents involving company vehicles, internal vehicle policies, liability, insurance cover, recourse, employment-law consequences of driving licence withdrawal, employee compliance and the handling of road traffic offences in a business context.

For professional drivers and others whose work depends on their driving licence, a withdrawal may threaten their livelihood. We identify the legal arguments available, explain the limits imposed by law and ensure that occupational circumstances are properly presented in the proceedings.

We advise on road traffic accidents, fines, driving licence matters and insurance cases with a cross-border element. This includes road traffic offences committed abroad, foreign driving licences in Switzerland, driving bans in Switzerland for persons resident abroad, accidents involving foreign vehicles or insurers, and cases in which measures imposed abroad may have consequences in Switzerland.

Cross-border cases require careful assessment of jurisdiction, applicable law and deadlines. We assist with coordination among authorities, insurers and foreign parties.

A road traffic lawyer is particularly advisable when more than a routine fixed penalty is at stake. This includes penalty orders, police summonses, accidents involving personal injury or substantial property damage, alcohol or drugs at the wheel, driving licence withdrawal, extreme speeding cases, occupational dependence on the driving licence or administrative measures proceedings opened by the Road Traffic Office. Early advice helps to avoid prejudicial statements, missed deadlines and unnecessary follow-on issues.

Criminal proceedings are conducted by the police, the public prosecutor's office or a criminal court and concern fines, monetary penalties, custodial sentences, procedural costs and, where applicable, entries in the criminal records register. Administrative measures proceedings are conducted by the competent cantonal road traffic authority and concern the driving licence, including warnings, licence withdrawals, conditions and fitness-to-drive assessments. The two sets of proceedings are legally separate but closely connected in practice. The defence strategy should therefore address both from the outset.

Check the deadline for filing an objection immediately and do not wait until shortly before it expires. A penalty order becomes final and binding if it is not challenged in time. This may also be relevant to later administrative measures proceedings, as the road traffic authority will often rely on the facts established in the criminal proceedings. We assess whether the penalty order is factually and legally correct and whether filing an objection is advisable.

Yes. A decision of the Road Traffic Office may generally be challenged. Whether doing so is worthwhile depends on the facts, the classification of the offence, previous measures and the statutory minimum withdrawal period. A driving licence withdrawal cannot simply be converted into a financial payment, and statutory minimum periods may generally not be reduced. Legal assistance can nevertheless be important if the facts were established incorrectly, the offence was classified too severely or the withdrawal period exceeds the statutory minimum.

Yes, potentially. In everyday language, people often refer to an "objection to Tempo 30"; the correct legal remedy, however, depends on the specific measure. 30 km/h zones, the removal of parking spaces, traffic or turning bans, one-way systems and similar measures are published as traffic orders. In the City of Zurich or the City of Winterthur, it may often be possible to file a request for reconsideration with the City Council within 30 days. Depending on the authority issuing the order, an administrative appeal may also be available. For projects involving physical works, an objection under the Cantonal Roads Act may be available in addition or as an alternative. The notice of legal remedies in the publication is decisive.

Depending on the stage of the project, various steps may be available: a representation in the public participation procedure, an objection to a road construction project, a request for reconsideration of a traffic order or, at a later stage, an administrative or judicial appeal. According to the case law of the Administrative Court of the Canton of Zurich, proximity to the parking spaces at risk of removal - no more than 150 metres from the property owned, the person's residence or business premises - is also relevant when determining whether a person has standing to challenge the removal of parking spaces.

A representation is made during an early public participation procedure and allows concerns regarding the project to be raised. An objection is a formal legal remedy against a road construction project published for public inspection and generally requires the person to be directly affected or otherwise have standing. In the City of Zurich or the City of Winterthur, a request for reconsideration is the internal municipal remedy against traffic orders issued by lower municipal authorities, such as the Security Department. An administrative appeal or judicial appeal generally seeks review by a higher authority or court. As the terminology and available remedies differ depending on the procedure, the notice of legal remedies should be examined carefully.

As a rule, a legal remedy may be brought only by a person who is particularly affected by the order or project and has a legitimate interest in its amendment or revocation. This may include residents, property owners, affected businesses, tenants, delivery and service providers, regular commuters, or associations and institutions with a statutory right to object. A merely general political interest is often insufficient. We assess whether standing exists and how the specific impact can be presented convincingly in legal terms.

The consequences depend in particular on the extent of the speeding, where it occurred and whether there are previous road traffic offences. Possible consequences include a fixed penalty, criminal proceedings, a penalty order, a warning, driving licence withdrawal or, in particularly serious cases, proceedings for an extreme speeding offence. The measurement method, applicable tolerance deduction, signage and identification of the driver are also relevant. For more serious speeding allegations, the case file should be reviewed.

An extreme speeding offence arises in cases of particularly serious breaches of road traffic regulations, especially massive speeding or reckless conduct creating a high risk of an accident resulting in serious injury or death. Statutory thresholds apply to very substantial exceedances of the applicable speed limit in built-up areas, outside built-up areas and on motorways. The consequences can be severe: criminal proceedings, a custodial sentence or, under certain conditions, a monetary penalty, a lengthy driving licence withdrawal, an entry in the criminal records register, possible measures concerning the vehicle and recourse claims by insurers. A defence strategy should be developed at an early stage.

Driving while unfit due to alcohol, drugs or medication may result in both criminal sanctions and administrative measures. Depending on the concentration, substance, manner of driving, consequences of any accident and previous record, the consequences may include a fine, monetary penalty, custodial sentence, driving licence withdrawal, conditions or a traffic-medical assessment. New drivers, professional drivers and certain other groups are subject to particularly strict alcohol rules. Insurers may also exercise rights of recourse or reduce benefits following an accident.

After a road traffic accident, evidence should be preserved, the details of the parties and witnesses recorded, photographs taken and insurers notified. Legal advice should be obtained promptly in cases involving personal injury, unclear liability, substantial property damage or criminal allegations. Key issues include liability, quantum of loss, medical evidence, repair costs, loss of earnings, loss of housekeeping capacity, compensation for non-pecuniary loss and communications with insurers.

This depends on liability, fault, insurance cover and the individual heads of loss. Motor vehicle liability insurance plays a central role in road traffic accidents. Property damage, personal injury, medical and treatment costs, loss of earnings, loss of housekeeping capacity, compensation for non-pecuniary loss and other consequential losses must be assessed. Depending on the circumstances, legal fees may form part of the recoverable loss or may be covered by legal expenses insurance. A general answer would not be reliable; the specific facts are decisive.

Road traffic offences committed abroad may also have consequences in Switzerland. In particular, a foreign driving ban or a serious road traffic offence may lead to administrative measures proceedings in Switzerland if the requirements of Swiss law are met. Conversely, holders of a foreign driving licence may be disqualified from driving in Switzerland. In cross-border cases, jurisdiction, applicable law and deadlines should be reviewed carefully.

Special rules apply to probationary driving licences in the event of a moderately serious or serious offence. A first offence resulting in licence withdrawal may extend the probationary period. A second such offence may lead to cancellation of the probationary driving licence. New drivers should therefore treat road traffic offences particularly seriously and obtain early advice on the possible consequences.

This depends on the evidence, the amount of the sanction, possible administrative measures, previous incidents and the cost risk. For straightforward fixed penalties, filing an objection is not always economically sensible. The position is different where driving licence withdrawal, an entry in the criminal records register, insurance consequences or occupational consequences are at stake. We provide a realistic assessment of whether taking action is worthwhile.