- You know, you wouldn’t have to try to get massive fines overturned if you just stayed safe on the road.
When driving, you should maintain a safety gap with the vehicle in front of you. In most jurisdictions, tailgating is a finable offense, provided the cops catch you doing it.
In some places, however, you really want to keep well away from the vehicle in front of you. One of those places is Switzerland.
Why, you ask? Well, Switzerland happens to be one of those countries where traffic fines are proportional to your income.
That could land you with a fine of more than $100,000, like this Swiss lawyer.
The millionaire lawyer was caught tailgating on a speedway in northern Switzerland a couple of years ago and received the humongous fine. He understandably wasn’t very happy about that, so he’s been trying to get the fine scrapped ever since.
His argument has been that Swiss law doesn’t explicitly define a “safe distance” between cars and — in his opinion — he was driving perfectly safely. You’d think he might have a point, what with him being a lawyer and all.
The country’s supreme court didn’t see things his way, though. The court has upheld the fine, putting a final word on the case.
That said, according to Swiss laws, the lawyer still doesn’t have to pay the fine unless he commits another traffic violation. If he does, though, it’ll sting just as much as it does everybody else, what with the proportional punishments.
Too Close for Comfort
Switzerland is famous for three things: beautiful alpine nature, shady banking, and ridiculously strict traffic laws. To ensure people obey those laws, the country has in place a system of proportional traffic fines.
In other words, the amount you have to pay for traffic violations is tied to your taxable income. The more you earn, the more you pay.
With this system, Switzerland tries to ensure that the punishment hurts everybody equally. It kind of makes sense — a billionaire can shrug off a $300 fine, unlike someone earning minimum wage.
All that in mind, let’s travel to Aargau, a northern Swiss canton bordering Germany. The year is 2023, and a 58-year-old lawyer is driving his BMW 540d on a speedway.
He seems to be in a bit of a hurry, as he’s straying a bit close to the car in front of him. According court evidence, for about a mile and a half, he traveled at speed of up to 74 miles per hour with 26-40 feet between his vehicle and the one ahead of him.
For the cops that happen to see him, that’s too close. They pull him over and slap him with a fine.
Now, our lawyer isn’t one of those that show up to court just in time in a ragged, stained suit. He’s quite successful and earns around $1.8 million annually.
So, the cops do some quick calculations and hand the lawyer a delightful $109,500 fine, based on his income.
A Failed Campaign
And that’s how the lawyer earned his staggering ticket. He wasn’t particularly thrilled about it.
Sure, he makes a lot of money. But the fine was more than twice the value of his BMW, so it’s still not exactly a drop in the bucket.
Being presumably an expert in law, however, the lawyer decided to fight the case. Over the next two years, he escalated it from one court to another to try and get the fine annulled.
He argued that Swiss law doesn’t clearly define what counts as tailgating. He felt he was traveling at a perfectly acceptable distance and was in full control of his vehicle. Consequently, he argued, the fine was not valid.
Eventually, the lawyer’s case landed before Switzerland’s supreme court. The judges review photo evidence of the lawyer’s driving, provided by the police, and quickly made their decision.
In the court’s view, the man was driving unsafely, and the fine was justified. Hammer down, case closed.
Oh, and they ruled the lawyer has to also pay $14,500 in court fees.
With that, our millionaire lawyer is stuck with his nearly $110,000 fine. Fortunately for him, however, he doesn’t have to pay it — necessarily.
The supreme court gave the fine a two-year suspension. This means the lawyer has to pay it only if the commits another traffic violation within those two years.
Wonder if that threat will get him to keep his distance on the road.