driving ban - need advice

Hi,

I was hoping someone could clarify this for me.

I visited Switzerland as tourist in summer last year for the EURO 2008, somewhere between the games I decided to visit Ticino and on my way (between Sierre and Brig) I got stopped by police after overtaking a truck on overtaking lane where I sped up to just over 110km/h to complete the overtaking maneuver as the overtaking lane was just about to end. There was a speed limit of 80km/h.

Police gave me fine CHF 850.- and I paid it on the spot. Policeman was very polite and for me this was the end of the matter as the policeman did not inform me otherwise.

After EURO 2008 I spent another 3 months elsewhere in Europe and arrived back to Australia in October.

I found 3 letters in my mailbox from swiss authorities. Letters were written in german but I could figure out that I need to pay CHF 150 which I assumed was some kind of mistake since I paid my fine in full on the spot.

Anyway, eventually I got those 3 letters translated by my swiss friend who said that the matter went to court and the judge increased my fine by CHF 150.- and in addition I'm banned from driving in Switzerland for 3 months, from 16th September to 16th December 2008.

I'll be visiting Switzerland again later this month (from 30th January) and my swiss friend is of the opinion that I won't be allowed to drive in Switzerland because I've failed to hand over my driver's licence when the ban started.

Is this correct ? To clarify, my licence is Australian driver's licence and I'm currently using it here in Australia.

What is the correct procedure ? Do I really need to go back to Switzerland

just to hand over my driver's licence, then wait out those 3 months somewhere on the hotel, get my licence back 3 months later and only then be allowed to drive in Switzerland again ?

I don't even plan to be in Switzerland that long and I need to use the driver's licence back in Australia (best to knowledge there are no such agreements in place between Australia and Switzerland whereby banning the driver in one country would disqualify him to drive in the other country).

I just thought logically, my ban has ended on 16th December, I didn't drive those 3 months in Switzerland so surely I should be allowed to drive again when I visit Switzerland next time ?

Am I correct or is it really far more complicated than this ?

Thanks

Pete

Few fundamental questions:

Did you pay already the 150CHF fine (+ another 150CHF if I understood correctly)?

Did they say in any of the letters that you needed to surrender your driver's license to the Swiss authorities? Did they try to make an appointment for you to attend court?

If I were you, I would try to find the police's number and clarify (not the emergency one, the one for admin affairs) and call them to clarify. You may ask if they speak english and chances are that someone will. Ttry http://www.swisspolice.ch/e/index.htm

Hope this helps.

1) The swiss Police can not, under any circumstances, take away or ask you to hand over your australian drivers licence. BUT they can ban you from driving around in switzerland. So if you were found to be driving around you would be charged as if your license had been revoked.

2) If fines reach a certain amount, they automatically go before the court, where you can be fined extra. 850.- is almost certainly a fine that would go before courts. What can happen (with a swiss licence) that the police takes away the license on the spot and courts then decide how long you will have to wait for it or extra fines (depending on your 'criminal' history or on the severity of the transgression.

3) From my understanding the driving ban begins either immediatley after the incident or after the court's ruling. Since the policeman didnt inform you of any immediate consequences I would assume it's the latter. So three months after the ruling, your australian license should once more be recognized by swiss authorities - that is if you have paid the 150.- extra fine.

Hope this helps.