Key legal question
Whether the Federal Court should set aside the minimum 12-month driver’s license withdrawal for recidivist serious traffic offense.
Extracted holding
No. The statutory minimum withdrawal period applies and cannot be reduced or waived on the asserted personal or health grounds.
Extracted reasoning
The appellant committed a serious offense by driving with qualified intoxication and had a prior serious offense within five years, triggering the minimum 12-month withdrawal under Art. 16c para. 2 let. c LCR. Art. 16 para. 3 LCR makes minimum withdrawal periods incompressible, even for hardship, disability, health reasons, or lapse of time, absent an exceptionally grave delay destroying any educational effect.