Facts
On 11 December 1997, [K.] was involved in a road accident in Schlieren, in the canton of Zurich, while driving his private vehicle. He left the scene of the accident without waiting for the arrival of the police, who had been alerted by passers-by. [K.] was convicted of violating a blood test and of behavior contrary to road traffic rules in the event of an accident. The cantonal court confirmed his conviction for impossible attempt of violating a blood test.
The facts of the case are as follows: [K.] hit a signpost and left the scene of the accident without waiting for the police. He was sentenced to 14 days in prison with suspension for impossible attempt of violating a blood test. [K.] filed a nullity appeal against this decision, alleging that the cantonal court had violated federal law by convicting him of impossible attempt of violating a blood test.
Considerations
The federal court examined K.'s arguments and concluded that the cantonal court had not violated federal law by convicting him of impossible attempt of violating a blood test. The court considered that [K.] had acted with criminal intent by leaving the scene of the accident and trying to avoid a blood test.
The court also examined the question of whether the impossible attempt of violating a blood test constituted an offense. It concluded that, in this case, the impossible attempt of violating a blood…