Facts
The case concerns X., who on December 21, 2002, was driving on the A 13 motorway in the southern direction. He followed another vehicle for a distance of 800 meters with a distance of about 10 meters, which was overtaking two vehicles. Additionally, he exceeded the permitted maximum speed of 100 km/h by 26 km/h. X. was convicted by the Hinterrhein District Court for simple violation of traffic regulations to a fine of 300 francs. The Graubünden Cantonal Court increased the fine to 500 francs and convicted X. for serious violation of traffic regulations due to insufficient distance and for exceeding the maximum speed. X. filed both a constitutional complaint and a federal nullity complaint and only appeals the conviction for serious traffic rule violation.
Considerations
Jurisprudence has not developed fixed rules for assessing the required distance when following another vehicle. The two-second rule and the half-speedometer rule are known, but not binding. A serious violation of traffic regulations occurs when an important traffic regulation is seriously disregarded and traffic safety is seriously endangered. This requires objective and subjective serious fault, at least gross negligence. The distance of about 10 meters at a speed of 110 km/h on the overtaking lane of a motorway while overtaking other vehicles represents an…