Kernrechtsfrage
Whether a random finding from lawful phone surveillance may be used in an administrative license-withdrawal proceeding for driving during a withdrawal.
Extrahierter Entscheid
In a warning-type license-withdrawal proceeding, the random finding is admissible only if it would also be admissible in a criminal case concerning the same conduct; here it was not admissible.
Extrahierte Begründung
Because driving during a withdrawal was only a contravention under former law, telephone surveillance could not have been ordered for that offence under the applicable cantonal rules. By analogy, the random finding was therefore unusable in the administrative proceeding.