Facts
X., residing in the Canton of St. Gallen, drove under the influence of alcohol in Austria on February 24, 2001. The Austrian authorities subsequently convicted him and revoked his driving license in Austria for four weeks. The Cantonal Road Traffic and Navigation Office in Switzerland then revoked X.'s driving license for 12 months.
X. filed an administrative court appeal against the revocation of his driving license in Switzerland. He argued that the Swiss revocation should not be longer than the Austrian revocation.
Considerations
The Federal Court decided that the Swiss authorities must revoke the driving license in accordance with Swiss law, even if a measure had previously been taken abroad. The duration of the revocation in Switzerland is not tied to the duration of the foreign measure.
However, the totality of the measures must be proportionate to the offence and must not lead to a disguised double punishment.…