Question juridique clé
Whether a 35 km/h excess speed on a divided road constitutes a serious traffic violation under Art. 90(2) SVG.
Solution extraite
Yes. The established case law for divided motorways applies by analogy to divided express roads; at 35 km/h above the limit, the objective and generally also subjective elements of Art. 90(2) SVG are met.
Motifs extraits
The Court refused to change its settled case law. The danger increases with the size of the speeding excess, and the existing threshold structure is coherent and provides legal certainty. No serious reasons justified abandoning the long-standing line of authority.