Question juridique clé
Whether the new Article 91a LCR should apply under lex mitior instead of former Article 91(3) LCR.
Solution extraite
The new provision was not less favorable in this case; the cantonal court correctly applied Article 91a(1) LCR.
Motifs extraits
The conduct—evading a blood test—was punishable under both regimes, and the sentence of community service was more favorable than imprisonment or a fine under the former law. Old and new law cannot be combined.