Facts
By order dated 3 March 1995, the Road Traffic and Shipping Office of the Canton of St. Gallen (SVA) revoked D.'s driving licence for a period of nine months due to repeated exceeding of the signposted speed limit. [D.] did not receive the order in time and regularly drove his passenger car between 28 March and 24 April 1995, before surrendering the driving licence to the police on 28 April 1995.
The District Office of Alttoggenburg subsequently convicted [D.] for the delayed surrender of the revoked driving licence as well as for multiple instances of driving a passenger car despite the driving licence revocation, sentencing him to 12 days' imprisonment, suspended, and a fine of CHF 600.--.
By order dated 6 November 1995, the SVA St. Gallen revoked D.'s driving licence for a period of seven months. The Administrative Appeals Commission of the Canton of St. Gallen reduced the duration of the driving licence revocation to three months.
Considerations
The Federal Supreme Court decided that the lower instance had violated federal law by taking into account the unserved remainder of a previous legally binding warning revocation when determining the duration of the driving licence revocation. The authority responsible for the measure must, if necessary, issue a new enforcement order for the unserved remainder of a previous measure, but may not additionally order it within the framework of a…