Questione giuridica chiave
Whether methamphetamine evidence excluded in the criminal case could be used in the administrative driving-licence withdrawal case
Decisione estratta
No. The administrative authority could not rely on the drug-analysis evidence because it had been obtained unlawfully and could not lawfully have been gathered in the administrative procedure either.
Motivazione estratta
For traffic-law coordination, the administrative authority is generally bound by criminal findings. The disputed blood test was unlawful under Art. 55 LCR and, since no lawful basis for such a drug test existed on the facts, the evidence could not be exploited in the licence-withdrawal procedure.