Facts
The appellant [X.] had driven a car on November 24, 2009, although he was under the influence of cocaine. The cantonal police of Basel-Stadt subsequently withdrew his driver's license for an indefinite period. The appellant lodged a complaint against this decision, which was however dismissed by the Appellate Court of the Canton of Basel-Stadt.
The appellant then filed a complaint with the FSCA and requested that the matter be referred back to the lower court for re-examination and that a supreme expert opinion be commissioned. The FSCA however dismissed the complaint and confirmed the withdrawal of the driver's license.
Considerations
The FSCA examined whether the lower court had correctly established the facts. It found that the lower court had rightly assumed, based on the toxicological examination and the forensic medical expert opinion, that the appellant had driven a car under the influence of cocaine on November 24, 2009.
The court also pointed out that there is zero tolerance for driving under the influence of cocaine and that the detection of cocaine in the blood is sufficient to justify a withdrawal of the driver's license. It referred to the expert opinions of the Institute of Forensic Medicine and the University Psychiatric Clinics Basel, which had classified the appellant as…