Speeding without valid license - any experience?
Discussion
My friend in CH has now been in country over a year, failed her first test for license transfer (non eu national) and is taking further lessons ahead of the second.
Last night she knowingly drove her car under the above circumstances and got flashed by a static camera.
She is now expecting the worst case - hefty fine, jail time, etc.
Just wondering if any on here can answer some basic questions for me, it’s seems unclear from looking online.
- when the fine is issued, would this include an automatic pre check of the vehicle owners’ license validity, or is it more like uk NIP where they first ask who is driving?
- on paying the fine, is any check for license validity then performed?
- it seems from a google that the speeding is a police matter obviously but the license a civil administration one, would these be dealt with separately?
- are there any firm sentencing guidelines? Fine amount, jail time etc? It’s Vaud if that makes any difference.
- if jail is avoided, will there be any impact on her residency renewal (b permit, due for renewal in 18mths).
she does not intend to have someone take the fine on her behalf, she will take the punishment. only loss of residency in any outcome will mean returning to her country of origin, the thought of which is causing the most stress. she’s prepared for and will accept any consequences other than that.
hence 2 lines of enquiry - immediate punitive consequences and then the knock on effect in 18mths if the former is survivable.
who/where would be the best person/body to speak to for advice?
Last night she knowingly drove her car under the above circumstances and got flashed by a static camera.
She is now expecting the worst case - hefty fine, jail time, etc.
Just wondering if any on here can answer some basic questions for me, it’s seems unclear from looking online.
- when the fine is issued, would this include an automatic pre check of the vehicle owners’ license validity, or is it more like uk NIP where they first ask who is driving?
- on paying the fine, is any check for license validity then performed?
- it seems from a google that the speeding is a police matter obviously but the license a civil administration one, would these be dealt with separately?
- are there any firm sentencing guidelines? Fine amount, jail time etc? It’s Vaud if that makes any difference.
- if jail is avoided, will there be any impact on her residency renewal (b permit, due for renewal in 18mths).
she does not intend to have someone take the fine on her behalf, she will take the punishment. only loss of residency in any outcome will mean returning to her country of origin, the thought of which is causing the most stress. she’s prepared for and will accept any consequences other than that.
hence 2 lines of enquiry - immediate punitive consequences and then the knock on effect in 18mths if the former is survivable.
who/where would be the best person/body to speak to for advice?
She’s an Indian national with a full license issued in UAE which has validity until 2026.
She moved (company transfer to HQ) to CH in 2022, leases the car which is fully insured. For various reasons (mainly language and work travel) left it til the 11th hour to begin lessons for converting to a Swiss license and failed the first attempt (you get 12mths grace, first attempt is a practical assessment only, in French, and if that is failed you have to do a written test in addition to the practical).
She says she wasn’t given written notice that she could no longer legally drive, but is now checking the documentation she was given as to what it says. There really is no excusable reason as to why she elected to drive last night given these circumstances, which she fully accepts (she hasn’t driven to my knowledge in the period at which her exemption expired until last night).
The camera is on an urban road which has a 50Kph speed limit until 10pm after which it drops to 30. She believes she was doing an indicated 60.
She isn’t looking for a loophole and accepts this may well result in a court appearance and a hefty fine, a ban, plus complications with subsequent licensing and insurance. The concern is over whether any judgement will impact on her job (I.e jail time) and subsequent ability to renew residency.
Agree that proper legal advice needs to be taken, she’s already emailed a legal firm with a view to meeting with them early next week. Seems there are similar tales on the expat forums but none which reflect this scenario, and the results vary from a hearing with a sympathetic judge (medium fine and a slap on the wrist) to €18k fines and deportation.
I guess it’s a wait and see scenario at the moment. I’ll update where I can and would appreciate and assistance from those with experience, legal or otherwise. Cheers.
She moved (company transfer to HQ) to CH in 2022, leases the car which is fully insured. For various reasons (mainly language and work travel) left it til the 11th hour to begin lessons for converting to a Swiss license and failed the first attempt (you get 12mths grace, first attempt is a practical assessment only, in French, and if that is failed you have to do a written test in addition to the practical).
She says she wasn’t given written notice that she could no longer legally drive, but is now checking the documentation she was given as to what it says. There really is no excusable reason as to why she elected to drive last night given these circumstances, which she fully accepts (she hasn’t driven to my knowledge in the period at which her exemption expired until last night).
The camera is on an urban road which has a 50Kph speed limit until 10pm after which it drops to 30. She believes she was doing an indicated 60.
She isn’t looking for a loophole and accepts this may well result in a court appearance and a hefty fine, a ban, plus complications with subsequent licensing and insurance. The concern is over whether any judgement will impact on her job (I.e jail time) and subsequent ability to renew residency.
Agree that proper legal advice needs to be taken, she’s already emailed a legal firm with a view to meeting with them early next week. Seems there are similar tales on the expat forums but none which reflect this scenario, and the results vary from a hearing with a sympathetic judge (medium fine and a slap on the wrist) to €18k fines and deportation.
I guess it’s a wait and see scenario at the moment. I’ll update where I can and would appreciate and assistance from those with experience, legal or otherwise. Cheers.
Edited by shirt on Saturday 2nd December 16:12
Well nothing has come through as yet.
Appears the camera was a temporary one and may have been on a stretch that has a permanent 50 limit. Makes no difference to guilt but just from the location and date of the offence the lawyer guessed who she works for and why the camera was there (major corporate, annual Xmas event).
She stopped driving which isn’t easy given she has only recently moved to a more rural location. I advised she should book more lessons to at least show willingness to comply but she doesn’t want to do so until this is settled.
She’s instructed a lawyer but the advice so far is wait it out. Seems there is no time limit for prosecution in CH but nearly 2 months since the event I’d have thought she’s in the clear?
ETA: this is her second stint in CH so yes should be fully aware of the rules. I usually do the driving when I visit and her backseat driving is often the cause of much bickering. There is much irony but given the potential consequences (to her for fine/visa renewal and to me for voicing it) I’ve kept schtum.
Appears the camera was a temporary one and may have been on a stretch that has a permanent 50 limit. Makes no difference to guilt but just from the location and date of the offence the lawyer guessed who she works for and why the camera was there (major corporate, annual Xmas event).
She stopped driving which isn’t easy given she has only recently moved to a more rural location. I advised she should book more lessons to at least show willingness to comply but she doesn’t want to do so until this is settled.
She’s instructed a lawyer but the advice so far is wait it out. Seems there is no time limit for prosecution in CH but nearly 2 months since the event I’d have thought she’s in the clear?
ETA: this is her second stint in CH so yes should be fully aware of the rules. I usually do the driving when I visit and her backseat driving is often the cause of much bickering. There is much irony but given the potential consequences (to her for fine/visa renewal and to me for voicing it) I’ve kept schtum.
Edited by shirt on Wednesday 24th January 14:59
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