Facts
The complainant 1, [X.] , exceeded the maximum speed limit by 51 km/h on February 7, 2006, on the A1 highway in Mühleberg. The maximum speed limit had been reduced to 80 km/h due to high fine dust values. Complainant 1 was convicted of a simple violation of traffic rules pursuant to Art. 90 para. 1 RTA and fined CHF 1,400.--. The Commission for Administrative Measures in Road Traffic of the Canton of Fribourg withdrew complainant 1's driver's license for one month. Complainant 1 and the Federal Roads Office (ASTRA) appealed to the Federal Supreme Court.
The lower court, the Cantonal Court of the Canton of Fribourg, dismissed complainant 1's appeal. Complainant 1 and ASTRA requested that the judgment of the lower court be set aside and that the driver's license be withdrawn for three months.
Considerations
The Federal Supreme Court consolidated the two appeals and heard them. Complainant 1 complained that the lower court had violated his right to be heard by not addressing his argument that there was no legal basis for imposing a speed limit due to fine dust. The Federal Supreme Court dismissed this complaint, as the lower court had implicitly confirmed the validity of the signage and rejected the argument of lack of legal basis.
The Federal Supreme Court found that complainant 1 had exceeded the signaled maximum speed limit by 51 km/h, which constituted an objectively serious case. The lower court had correctly assumed a medium-level…