Facts
The appellant [X.] was convicted by the Cantonal Court of Grisons for gross and simple violation of traffic rules as well as breach of the Chauffeur Ordinance. The conviction was based on the findings that the appellant on 4 January 2013 in the Crap Sés tunnel exceeded the permitted maximum speed of 80 km/h and overtook a tanker truck trailer, whereby an oncoming passenger car had to brake. Furthermore, he exceeded the signaled maximum speed by 38 km/h on the Julier Pass road and incorrectly set the clock on the tachograph.
The appellant requested the annulment of the judgment and his acquittal from guilt and penalty. He challenged the admissibility of the tachograph diagram disc and evaluation reports as evidence and claimed that the lower court had violated his right to be heard and acted arbitrarily.
Considerations
The Federal Court examined the challenge to the admissibility of the tachograph diagram disc and evaluation reports as evidence. It found that the tachograph diagram disc was lawfully obtained due to the suspicion of the overtaking maneuver in the tunnel and the associated speed violation and was therefore admissible.
The court also rejected the challenge to the violation of the right to be heard. It found that the lower court was entitled to reject the appellant's request for a court-ordered expert opinion to evaluate the tachograph diagram disc without violating his right…