Facts
The facts concern a traffic accident in which G. with his passenger car damaged a signal post and several chain barrier posts on the icy road. G. initially left the scene of the accident without reporting the accident to the police. It was not until the next day that his wife reported the incident. The lower courts convicted G. of obstruction of a blood test under Art. 91 para. 3 RTA. G. then filed a nullity appeal with the Federal Supreme Court.Considerations
The Federal Supreme Court holds that the objective elements of the offense of obstruction of a blood test by omission of the accident report are only fulfilled if, upon objective consideration of all the circumstances, the police would have ordered a blood test with a high probability. In the present case, the court does not see this requirement as fulfilled. While G. was obliged to report the accident and this was also possible. However, the accident itself provided no indication of a suspicion of alcohol influence, as it was due to the winter road conditions. The fact that G. had previously been convicted of drunk driving is not…