Facts
The Federal Court had to rule on an appeal by the Federal Office for Roads against a judgment of the Administrative Court of the Canton of Solothurn. The subject of the proceedings was the duration of the withdrawal of the driver's license for the respondent, who had driven a motorized bicycle on May 11, 2010, with a blood alcohol concentration of 0.99 percent by weight. The respondent had already been punished and administratively sanctioned on December 15, 2006, for driving a small motor vehicle in a highly intoxicated state.
The lower court had set the withdrawal period at two months, as it classified the offenses as medium-serious. The Federal Office for Roads requested the annulment of the judgment and the reassessment of the duration of the driver's license withdrawal.
Considerations
The Federal Court examined the appeal and found that the lower court had correctly established the facts. It applied the law ex officio and examined whether the lower court had violated federal law.
The court found that the respondent had driven a motor vehicle in a highly intoxicated state twice within less than five years. It determined that this constituted a serious offense against the Road Traffic Act and that the driver's license should be withdrawn for at least twelve months.
The court pointed out that the administrative regulations for motorized bicycle drivers had been tightened since the revision of the Road Traffic Act in 2003. It determined that the criminal law privilege of motorized bicycle drivers did not mean that the administrative provisions were not applicable.
The court found that the respondent could not deduce from his criminal law privilege as a motorized bicycle driver that the administrative provisions of Art. 16 ff. RTA would not be applicable to…