Facts
[H.] was driving his car in the overtaking lane of the N1 motorway on December 26, 1988 when an unmarked police vehicle closely followed him, flashing its headlights several times to overtake. Feeling harassed, [H.] repeatedly pressed the brake pedal, thus significantly reducing his speed. He was convicted by the Statthalteramt of the Winterthur district for performing a "Schikanestopp" (abrupt deceleration out of a spirit of obstruction) and for not sufficiently driving in the right lane. On appeal, the Cantonal Court of Zurich only upheld the conviction for the abrupt deceleration, based on Art. 12 para. 2 of the Road Traffic Ordinance (TRegO).Considerations
The Federal Court considers that H.'s deceleration of the vehicle, although not qualified as "abrupt braking" by the previous instances, can be considered as such within the meaning of Art. 12 para. 2 TRegO. Indeed, on a motorway where speeds are high, even a moderate deceleration can prove dangerous to road safety when another vehicle is closely following. The previous case law must therefore be clarified: a "more than negligible" deceleration of a vehicle on a motorway, while another vehicle is following it, constitutes "abrupt braking" within the meaning of Art. 12 para. 2 TRegO.
Howe…