Facts
The appellant [X.] was found guilty by the President of the Court of the District of Signau-Trachselwald on January 29, 2009, of a simple violation of traffic rules by crossing the center line of the road when turning left and was fined CHF 300.--. The High Court of the Canton of Bern confirmed the judgment of the lower court on June 8, 2009. The appellant filed an appeal in criminal matters on July 13, 2009, requesting that the judgment of the High Court be overturned and that she be acquitted.
The appellant was driving behind [Y.] on Burgdorfstrasse in Langnau on August 29, 2008, and turned left into Querstrasse. She crossed the center line of the road and collided with the vehicle of [Y.] . The appellant claimed that it was not a case of actual turning, but rather a beginning overtaking maneuver with subsequent left turn.
Considerations
The Federal Court held that the appeal must be substantiated and that the reasoning must explain how the contested act violates the law. The appellant claimed that the lower court had not sufficiently considered the ratio legis of the provision of Art. 36 para. 1 RTA in conjunction with Art. 13 para. 2 TRegO.
The Federal Court stated that the wording and ratio legis of the provisions of Art. 36 para. 1 RTA and Art. 13 para. 2 sentence 1 TRegO are clear and do not require interpretation beyond the text of the law. Turning onto the oncoming lane when turning left has a much higher potential for danger than an overtaking maneuver and is therefore prohibited by law.
The Federal Court concluded that the…