Facts
On June 22, 1964, Creszentia Spranger was driving her Porsche passenger car on the main road from Chur towards Landquart at a speed of 100 km/h. As she approached the northern access ramp of Untervaz, she suddenly saw a silo truck that was coming from the left of the access road and was crossing the main road diagonally towards Zizers in order to reach the right lane. Spranger tried to overtake the truck on the right when the distance from the truck to the edge of the road was only 1.80 m. Both vehicles braked, with the Porsche skidding slightly and grazing the front right of the truck. No one was injured.
On February 25, 1965, the District President of Five Villages fined Creszentia Spranger CHF 80.- for violation of Art. 26 para. 1, 31 para. 1 and 32 para. 1 of the Road Traffic Act (SVG). Upon objection by the fined party, the District Court Committee V Villages confirmed the penal order on July 24, 1965.
Creszentia Spranger appeals against this judgment with a motion for acquittal.
Considerations
The Court of Cassation dismisses the appeal. It finds that the speed of 100 km/h maintained by Spranger on the well-developed motorway was not excessive in itself given the prevailing visibility and traffic conditions. However, she was obliged to reduce her speed when it became apparent that the silo truck was turning left onto the main road and beginning to cross it in order to reach the right lane. At that moment, Spranger had to reckon with the possibility that the truck driver had not seen the…