Facts
The appellant [X.] was stopped by the police on 3 June 2011 as he was driving a passenger car and showed signs of reddened eyes and slowed behaviour. The drug test was positive, and [X.] stated that he had consumed cocaine the previous evening. The toxicological report found that [X.] had indeed consumed cocaine, but his driving ability was not impaired. The Public Prosecutor's Office discontinued the proceedings for driving while unfit, but imposed the procedural costs of CHF 1,008.25 on [X.] , reasoning that he had acted recklessly by illegally consuming cocaine, thereby causing the positive result of the drug test. The High Court dismissed [X.] 's appeal against the cost order.Considerations
The Federal Court dismisses the appeal. It holds that the consumption of cocaine is a criminal offence and that driving a motor vehicle under the influence of cocaine is prohibited regardless of the amount consumed. Although the FEDRO has set a threshold value for the detection of cocaine in the blood, this does not change the fact that the appellant, who drove a car with traces of cocaine in his blood and exhibited symptoms that made…