Kernrechtsfrage
Whether administrative traffic authorities were bound by the prosecutor's necessity finding in the criminal non-prosecution decision.
Extrahierter Entscheid
Yes. Because the criminal authorities had fully clarified the facts and their legal assessment of necessity depended strongly on those facts, the traffic authorities were bound by both the factual findings and the legal assessment.
Extrahierte Begründung
The traffic authorities did not take additional evidence and relied on the same factual basis. The prosecutor had better knowledge of the concrete circumstances, including the driver's urgent trip to the hospital and the medical emergency concerning the newborn. In such a case, consistency with the criminal decision extends to the legal assessment of necessity.