Facts
On 21 September 1994, X. was involved in a road accident on the A8 motorway in Switzerland. He left the scene of the accident with his damaged vehicle and did not inform the police of the accident. The police were alerted by third parties and found that the central safety barrier had been damaged over a length of 42 meters. X. presented himself at the investigation office of the canton of Obwalden about eight hours after the accident and underwent a breath test, which gave a negative result.
The cantonal court of Obwalden convicted X. of hindering a blood test and sentenced him to a prison term and a fine. The decision was confirmed by the higher court of the canton of Obwalden.
X. filed a nullity appeal with the Federal Court, arguing that he had not violated the duties that were incumbent upon him in the event of an accident and that he had therefore not hindered a blood test.
Considerations
The Federal Court examined the duties of the driver in the event of an accident and found that the safety and notification duties provided for in Articles 51 and 54 of the Road Traffic Act (RTA) and the Road Traffic Ordinance (TRegO) are not directly related to the blood test.
The Federal Court considered that the violation of safety and notification duties cannot be considered as hindering a blood test, as these duties are intended to…