Facts
On March 16, 1993, T. was checked by the police in Gossau, as he had driven a motor vehicle with a blood alcohol content of at least 1.50 per mille. The District Office of Gossau subsequently convicted T. of driving a passenger car while intoxicated and imposed a conditional prison sentence and a fine. By order dated May 11, 1993, the Road Traffic and Shipping Office of the Canton of St. Gallen revoked T.'s driver's license for four months. T. appealed against this decision, which was dismissed by the Administrative Appeals Commission of the Canton of St. Gallen.
Considerations
The European Court of Human Rights defines the concept of a "criminal charge" autonomously and independently of the terms of national law. What matters is the true nature of the offense and its consequences, as determined by the circle of potential addressees of the provision. The revocation of a driver's license for warning purposes, despite its classification as an administrative measure in Swiss law, bears great similarities to a criminal sanction. It is imposed due to a traffic violation committed intentionally or negligently, its duration is determined by the severity of the fault and a repeat offense can lead to an aggravation of the measure. Furthermore, the revocation serves a repressive and preventive purpose and…