Facts
On the evening of February 5, 1979, L. was driving his vehicle from Rapperswil to Zurich. As he approached a traffic light in Küsnacht, he took the right lane to turn but ultimately continued straight ahead. Subsequently, he significantly exceeded the speed limit of 60 km/h, reaching speeds of up to 120 km/h. L. was convicted by the District Court of Meilen and then by the SCC of the Canton of Zurich for a serious violation of traffic rules (Art. 90 para. 2 in conjunction with Arts. 27 para. 1 and 32 RTA). He filed a nullity appeal.Considerations
The Federal Tribunal considered that L. was in a state of necessity. Alerted by a neighbor, M., whose husband was suffering from unbearable headaches, L. unsuccessfully tried to find a doctor in the vicinity. On the advice of the University Hospital of Zurich, he then urgently drove M. to the hospital. Although his driving was dangerous, the Federal Tribunal found that it was proportionate to the…