Clarification of Driving Ability and Precautionary Withdrawal of Driving License

Facts

The complainant [X.] was confronted with a hemp indoor facility and utensils for processing hemp products during a house search on 25 November 2011. On 10 February 2012, he was reported for violating the Narcotics Act. On 23 March 2012, the Administrative Measures Department of the State and Youth Prosecutor's Office of the Canton of Glarus ordered [X.] to undergo a traffic medical examination at the Institute of Forensic Medicine Zurich to clarify his driving ability.

The Administrative Court of the Canton of Glarus dismissed a complaint filed by [X.] against this decision on 18 July 2012, essentially upholding it, but modifying some modalities of the order. [X.] appealed to the FSCA against the judgment of the Administrative Court on 13 September 2012.

[X.] requests the annulment of the contested decision and the order of 23 March 2012. The lower court and the Administrative Measures Department of the State and Youth Prosecutor's Office request the dismissal of the complaint.

Considerations

The FSCA has to review the decision of 18 July 2012, with which the Administrative Court confirmed the order of a traffic medical examination to clarify the driving ability of the complainant. This is an interim decision that, under certain circumstances, is suitable to fulfill the requirements of Art. 93 Abs. 1 FSCA.

The complainant argues that the order of the traffic medical examination constitutes an disproportionate interference with his personality rights. He is able to distinguish…