Kernrechtsfrage
Whether the prosecution was lawfully discontinued instead of brought to trial
Extrahierter Entscheid
The dismissal was unlawful; the case was not clearly non-criminal and should have been referred for prosecution unless resolved by summary penalty order.
Extrahierte Begründung
Given the dangerous driving circumstances and unresolved questions about possible negligence or technical defect, a conviction appeared at least as likely as an acquittal; under in dubio pro duriore, doubts required indictment.