Facts
[S.], residing in the Canton of Aargau, drove on the A5 in Germany at 198 km/h on November 21, 1997, exceeding the speed limit of 120 km/h by 78 km/h. The German authorities subsequently imposed a fine and recorded four points in the Central Traffic Register, but refrained from revoking the driver's license. The Road Traffic Office of the Canton of Aargau then revoked S.'s driver's license for four months. The Administrative Court of the Canton of Aargau reduced the revocation to three months.
[S.] filed an administrative court appeal against the decision of the Administrative Court.
Considerations
The Federal Court states that according to established case law, the duality of the Swiss legal system, whereby the criminal authorities decide on criminal sanctions and the administrative authorities decide on administrative measures such as the revocation of the driver's license, does not violate the principle of "ne bis in idem".
However, the principle of "ne bis in idem" does not apply to the fact that administrative measures are imposed by the state of the offense and the competent Swiss authorities. However, the Swiss authorities must take into account the measures imposed abroad in their entirety and in proportion to the guilt, and must not lead to a disguised double punishment.
The Federal Court concludes that the Swiss revocation…