Facts
On July 9, 2005, X. drove slowly, overtaking the lines of vehicles that were circulating on the A9 highway between the Aigle and Villeneuve junctions, in the direction of Villeneuve, by using the emergency lane for a distance of approximately 200 meters. He was fined 380 francs. Subsequently, the Service des automobiles et de la navigation du canton de Vaud (SAN) ordered the withdrawal of his driver's license for a period of one month. The Administrative Court of the canton of Vaud upheld the appeal filed by X. against this decision and reformed it in the sense that only a warning was issued against the individual.
The SAN filed an administrative appeal against this judgment, concluding with its annulment and the confirmation of its decision of November 8, 2005. The Administrative Court concluded with its rejection, emphasizing the low intensity of the danger resulting from the incriminated behavior. The defendant concluded with the rejection of the administrative appeal.
Considerations
The Court of Cassation examined whether the maneuver operated by the defendant could be qualified as overtaking on the right. It considered that, according to case law, there is overtaking when a faster vehicle overtakes a slower vehicle circulating in the same direction, overtakes it, and continues its route in front of it. The Court also emphasized that the prohibition of overtaking on the right constitutes an elementary rule of circulation that, because it aims at the safety of circulation and its proper functioning, must be imperatively respected.
The Court then examined whether the offense committed by the defendant constituted a case of minor gravity susceptible to a simple warning or whether it should be sanctioned with a withdrawal of the license. It considered that the fault committed by the defendant could not be qualified as benign, as it created a real risk for the other road users. The Court also emphasized that the…