Facts
B., born in 1944, had his driver's license revoked several times before due to driving under the influence of alcohol. On January 28, 1994, he caused a single-vehicle accident after consuming alcohol and medication. As a result, the Department of Justice and Police of the Canton of Zug precautionarily revoked his driver's license and ordered a specialized medical examination. The expert report confirmed his driving fitness only under the condition of strict abstinence from alcohol and a follow-up examination.
On July 13, 1995, B. drove a vehicle again under the influence of alcohol. Based on this, the Department of Justice and Police of the Canton of Zug ordered the precautionary revocation of the driver's license until the result of a further specialized medical examination was available.
Considerations
The precautionary revocation of the driver's license pursuant to Art. 35 para. 3 VZV (Ordinance on Driving Licenses) constitutes an interim decision in the procedure regarding the security revocation. It can be ordered without a legally binding criminal judgment, as it concerns traffic safety and not punishment.
The cantonal authorities were justified in having reasonable doubts about the complainant's driving fitness based on the previous…