Facts
The appellant [A.] was sentenced by the High Court of the Canton of Zurich for reckless driving in a state of incapacity to an unconditional fine of 40 daily rates of CHF 50.-- and a fine of CHF 40.--. The appellant had, on March 15, 2018, at 00:45, as the driver of a passenger car in Dübendorf, a blood alcohol level of at least 0.86 percent by weight. The appellant filed an appeal in criminal matters and requested that he be acquitted of the charge of reckless driving in a state of incapacity. Alternatively, the execution of the fine should be waived and he should be granted a conditional sentence with a probation period of two years.
The lower court had confirmed the first-instance conviction for reckless driving in a state of incapacity and sentenced the appellant to an unconditional fine. The appellant had argued that he had not committed the drunk driving (eventually) recklessly, as he had received alcoholic fruit cocktails from the barmaid without her informing him.
Considerations
The Federal Court dismissed the appeal, insofar as it was admissible. The lower court had convicted the appellant of reckless driving in a state of incapacity because he knew that he had consumed significantly more alcohol than allowed before driving. The appellant had argued that he had not committed the drunk driving (eventually) recklessly, as he had received alcoholic fruit cocktails from the barmaid without her informing him.
However, the Federal Court found that the lower court had not arbitrarily evaluated the evidence. The appellant had refused to provide information about his alcohol consumption on the night of the incident during the control on February 15, 2018, and only claimed during the hearing on February 7, 2019, that he had received alcoholic fruit cocktails from the barmaid without her informing him. The lower court had qualified these statements by the appellant as a defense claim and found that the…