Road traffic lawyer in Geneva

Frequently asked questions

I received a penal order after a traffic offence: can I contest it?

Yes, by written objection within 10 days of notification. Without objection, the order becomes a final judgment. Whether contesting is worthwhile depends on the file (speed measurement, signage, circumstances) — a quick review with a lawyer allows an informed decision.

Will I lose my driving licence?

It depends on the seriousness of the offence (minor, medium, serious) and your record: outcomes range from a warning to withdrawal for several months, or more in case of repeat offences. The administrative procedure is separate from the criminal fine and deserves its own defence, especially if your licence is professionally indispensable.

What should I do right after an accident?

Secure the scene, document the facts (photos, witness details, accident report), notify your insurer — and do not admit liability on the spot. If injuries or an offence are involved, proceedings will follow: prepare early with legal advice.

At what speed excess does one risk a heavy penalty?

The law distinguishes minor, medium and serious offences, with escalating consequences. Beyond certain excess thresholds, set according to the type of road, the offence falls under the so-called reckless-driver provision, punishable by a custodial sentence and a very long licence withdrawal. These thresholds are automatic: the court’s discretion is narrow, hence the importance of challenging the elements of the file early.

Drink-driving: what limits and consequences?

Above 0.5 per mille, the driver is deemed unfit to drive; from 0.8 per mille, the classification is aggravated and penalties increase markedly. For drivers in the probationary period, professional drivers and driving instructors, the prohibition is total. Criminal penalties are compounded by administrative measures and, often, a fitness-to-drive assessment.

Licence withdrawal: why are there two separate procedures?

A traffic offence simultaneously triggers criminal proceedings, leading to a fine or a sentence, and administrative proceedings conducted by the cantonal office, which decides on the withdrawal of the licence. They are independent and do not conclude at the same time. A position taken in the criminal proceedings has direct consequences for the second: both strands must be considered together from the outset.

I hold a probationary licence: what happens if I commit an offence?

An offence leading to a withdrawal extends the probationary period, and a second offence leading to a withdrawal during that period results in cancellation of the licence. You must then wait before being able to apply again, and repeat all or part of the process. The stakes are therefore considerably higher than for an experienced driver.

Can I drive in Switzerland on a foreign licence?

A valid foreign licence in principle allows you to drive during the first twelve months after taking up residence in Switzerland. After that period, exchanging it for a Swiss licence is mandatory, and may be subject to a control drive depending on the country of origin. Driving beyond that point without having made the exchange amounts to driving without a valid licence.

General information for guidance only, not a substitute for individual legal advice. Every situation deserves its own analysis — that is what the consultation is for.