Facts
The appellant [X.] was driving at 85 km/h on a road within town limits where the speed limit was 60 km/h on 16 October 2005. As a result, the Road Traffic Office of the Canton of St. Gallen revoked his driver's licence for three months. [X.] filed an administrative court appeal against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court dismissed the appeal. It concluded that the lower instance was right to consider it a road within town limits, even though the posted speed limit was 60 km/h. Exceeding the speed limit by 25 km/h fulfils the objective and subjective requirements of a serious traffic endangerment pursuant to Art. 16c para. 1 lit. a RTAO, regardless of the specific circumstances. The revocation of the driver's licence was therefore justified.
The Federal Supreme Court held that the revision of the Road Traffic Act on 1 January 2005 did not change the concept…