Facts
On 20 November 1973, Marie-Antoinette Lorenzetti was driving her car on the cantonal road of La Souste towards Sierre. On a long left-hand curve, crossing the Finges forest, her vehicle skidded on the icy road and collided with other vehicles coming in the opposite direction. On 29 March 1974, the Department of Justice and Police of the Canton of Valais convicted Ms. Lorenzetti of a CHF 100 fine for violation of Art. 32 para. 1 RTA and Art. 4 para. 2 TRegO. On appeal, the fine was reduced by half by the State Council of the Canton of Valais on 15 January 1975. Ms. Lorenzetti then appealed for nullity to the Federal Tribunal, concluding for her acquittal.Considerations
The Federal Tribunal dismisses the appeal. According to case law, the driver who skids on an icy road when circumstances should have led him to anticipate such a possibility commits a fault, even if he was not aware of the danger before the accident. In this case, the road was known to be frequently icy, a warning sign indicated it, and a motorist coming in the opposite direction had warned Ms. Lorenzetti by flashing his headlights. Although the speed was not excessively high, it was not adapted to the road conditions. The braking and skidding marks show that Ms. Lorenzetti lost control of her vehicle due to an…