Lawyer Traffic Law

Anyone participating in road traffic as a driver, pedestrian, or cyclist must adhere to the applicable traffic rules. What speed is appropriate or allowed? How do you perform various maneuvers? What penalties can a violation entail? Traffic law deals with all topics relevant to road users, including administrative measures such as license suspension and warnings.

Switzerland's traffic law is governed by various laws and regulations. The primary regulations include the Road Traffic Act (SVG) and the Road Traffic Ordinance (VRV). Additional provisions can be found in regulations concerning technical requirements, blood alcohol limits, and zones such as meeting zones or 30 km/h zones. The Insurance Contract Act (VVG), the Administrative Offences Act (OBG), and the Federal Act on Passenger Transport also contain provisions of traffic law.

In Switzerland, the chances of regaining a driver's license or reducing the suspension period depend on various factors. The following aspects may be relevant:

• Objection to the suspension decision: Individuals have the opportunity to object to the decision to suspend their driver's license. A successful objection requires compelling reasons demonstrating either the unlawfulness of the suspension or presenting special personal circumstances.

• Credible improvement and preventive measures: Especially in cases of suspension due to alcohol or drug consumption while driving, proof of completed therapy or participation in relevant courses can improve the chances of regaining the driver's license earlier.

• Occupational necessity: If it can be convincingly demonstrated that the driver's license is essential for professional activities, this may lead to a reduction in the suspension period in some cases. However, this does not apply to serious offenses where a minimum suspension period is legally mandated.

• Administrative errors: Errors in the administrative procedure or the application of legal provisions can also be grounds for a successful objection.

• Traffic psychological examination: In cases where doubts exist about the driver's fitness, a positive traffic psychological examination can be a crucial step in demonstrating to the authorities the restoration of driving fitness.

• Legal advice: Professional advice from a traffic law specialist lawyer can be crucial in realistically assessing individual chances and developing the best possible strategies.

It is important to note that Swiss authorities assess each case individually, with road safety being the top priority. Offenses leading to license suspension are therefore carefully examined before considering the return of the driver's license. Responsible behavior and willingness to learn from mistakes are essential factors.

In Switzerland, the duration of a driver's license suspension depends on the severity of the offense, the type of offense, and the individual driving history of the individual concerned. Swiss traffic law provides for various minimum and maximum durations for license suspension, regulated in the Road Traffic Act (SVG) and the Ordinance on Probationary Licenses and Administrative Measures against Vehicle Drivers (VAM). Here are some general guidelines:

• Minor offenses: For less serious violations, such as minor speeding violations, the driver's license can be suspended for one month or less.

• Moderate offenses: For moderate offenses, such as higher speeding violations, the driver's license is usually suspended for one to three months.

• Serious offenses: For serious violations, such as significant speeding (reckless driving), driving under the influence, or dangerous behavior in traffic, the driver's license can be suspended for several months up to several years. Minimum suspension periods are prescribed for particularly serious offenses, such as a minimum of two years for reckless driving.

• Repeat offenders: Individuals who repeatedly commit traffic offenses may face longer suspension periods. For repeated serious violations, the driver's license can even be suspended indefinitely.

• Probationary license: For novice drivers still in the probationary period who commit traffic offenses, special regulations apply. For serious violations, the probationary period may be extended, or the probationary license may be revoked.

The exact duration of the driver's license suspension is determined individually by the competent authority, usually the cantonal road traffic office. The circumstances of the individual case, the nature of the offense, and the personal driving history are taken into account. Individuals have the right to object to the decision of the road traffic office and request a legal review.

The costs of a driver's license suspension in Switzerland consist of various components and can vary depending on the case. There is no fixed fee for the suspension of a driver's license, but there are various direct and indirect costs. Here is an overview of the possible costs associated with a driver's license suspension:

• Administrative fees: Administrative fees may be charged for the procedure of driver's license suspension. These fees cover the administrative costs of the procedure, including processing by the road traffic office.

• Fines and penalties: Depending on the type of offense leading to the driver's license suspension, fines or penalties may be imposed. The amount of the fine or penalty depends on the severity of the violation.

• Costs for courses and therapies: In some cases, regaining the driver's license may be conditional on the individual completing specific courses (e.g., traffic rule courses or driver rehabilitation seminars) or therapy (e.g., for alcohol or drug abuse). The costs of such courses and therapies usually have to be borne by the individual.

• Costs for traffic psychological examinations: In certain offenses or when there are doubts about the individual's driving fitness, a traffic psychological examination may be ordered. These costs are also typically borne by the individual.

• Legal fees: If you decide to legally challenge the driver's license suspension or seek advice, there will be costs for a lawyer. These costs can vary depending on the extent of the advice and the procedure.

• Indirect costs: In addition to direct costs, there may be indirect costs, such as higher insurance premiums after regaining the driver's license or costs for alternative transportation during the suspension period.

The total costs of a driver's license suspension can therefore vary significantly and depend on the specific circumstances of the case, the measures imposed, and the duration of the suspension. It is important to inform oneself in advance about the possible financial consequences of a looming driver's license suspension and, if necessary, seek professional advice.

A traffic lawyer assists with all legal matters related to road traffic. This includes accidents, fines procedures, driver's license matters, traffic criminal matters, and insurance issues. Their goal is to represent and protect the legal interests of their clients in traffic matters.

The cost of a consultation with a traffic lawyer can vary depending on the lawyer and the scope of the consultation. Many lawyers offer an initial consultation at a reduced or fixed rate to clarify the legal situation and discuss the next steps. The cost of such an initial consultation typically ranges between CHF 250 to CHF 400, depending on the duration of the consultation and the lawyer's fee.

It is advisable to inquire about the costs in advance and consult multiple lawyers to compare offers and find a lawyer who meets your needs and budget.

In traffic law, each party usually bears their own legal costs unless there is an agreement or a legal provision stating that the costs are to be borne by another party or an insurance company. In the case of an accident, for example, the legal costs can be covered by the liability insurance of the party at fault. It is advisable to inquire early on about the financial aspects and, if necessary, take out legal expenses insurance to be covered in case of need.

The costs of a lawyer in connection with a car accident can vary depending on various factors. Typically, lawyers charge for their services either on an hourly basis or a flat fee, depending on the individual circumstances of the case and the agreements with the client.

It is possible that the costs for your lawyer will be covered by the liability insurance of the opposing party, especially if liability lies with the other party.

It is important to contact your lawyer and your insurance company early on to clarify the details and ensure that your costs are covered.