Facts
On October 29, 2010, driver A. was stopped for a vehicle inspection. After determining that A. had a strong smell of alcohol, the police subjected him to a breathalyzer test, which proved positive. Having learned that A. had been recorded several times for narcotic substance consumption, the police had two blood samples taken for analysis regarding blood alcohol content and narcotic substance consumption. The analyses revealed a blood alcohol content of 0.73 per mille and a methamphetamine value of at least 36.4 micrograms per liter.
Based on these facts as well as two previous revocations of the driving license, the Office of Traffic and Navigation of the Canton of Bern, by decision of December 8, 2010, revoked A.'s motor vehicle driving license for an indefinite period.
By order of September 8, 2011, the Regional Court of the Jura Bernois-Seeland decided that the evidence in the criminal file concerning the presence of methamphetamine in A.'s body during the events of October 29, 2010 was unlawful and unusable. On October 5, 2011, the same court acquitted A. of the charges of violating the Federal Road Traffic Act for being unable to drive due to the consumption of narcotic substances.
Considerations
The Federal Tribunal upheld A.'s appeal and remanded the case to the Appeals Commission for a new decision.
The Federal Tribunal considered that the cantonal authority could not base its decision to revoke the driving license on the fact that A. had consumed narcotics during the disputed inspection, since the criminal court had excluded the evidence relating to this consumption due to its unlawful…