Facts
X. drove on the motorway on May 25, 2014, repeatedly violating traffic rules by overtaking other vehicles on the right and crossing a double line. These driving maneuvers were documented by the police through video recording as part of a follow-up control.
The High Court of the Canton of Zurich subsequently found X. guilty of serious and multiple simple violations of traffic rules and sentenced him to a conditional fine and a penalty.
X. appealed against this judgment and claimed that the police officers' overtaking maneuver on the right during the follow-up control was disproportionate and that the resulting video recording was therefore inadmissible as evidence.
Considerations
The Federal Supreme Court dismissed the appeal. It stated that the follow-up control by the police was legally permitted and that the officers' overtaking maneuver on the right was proportionate in the specific case. Therefore, the video recording was admissible as evidence.
The Federal Supreme Court clarified that violations of traffic rules by police officers in the course of fulfilling police duties and in proportion according to Art. 14 of the…