Kernrechtsfrage
Whether the new Article 91a LCR should apply under lex mitior instead of former Article 91(3) LCR.
Extrahierter Entscheid
The new provision was not less favorable in this case; the cantonal court correctly applied Article 91a(1) LCR.
Extrahierte Begründung
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.