Facts
On the night of July 10 to 11, 1992, M. was driving towards Wiesendangen after visiting a restaurant when he left the road and damaged a garden fence with his vehicle. M. failed to inform the police about the accident.
The High Court of the Canton of Zurich found M. guilty, among other things, of obstructing a blood test pursuant to Art. 91 para. 3 RTA and sentenced him to a suspended prison sentence and a fine.
M. filed a nullity appeal against the conviction for obstructing a blood test.
Considerations
The Federal Supreme Court states that according to case law, the failure to report the accident to the police fulfills the elements of the offense of obstructing a blood test if, from an objective point of view, the ordering of a blood test was very likely and the driver was aware of these circumstances.
In the present case, the ordering of a blood test was very likely, as the accident occurred on a straight stretch of road under calm traffic conditions without any…