Key legal question
Whether the vehicle seizure for intended confiscation was lawful under Art. 90a SVG and Art. 263 StPO.
Extracted holding
The seizure was lawful because there was a sufficiently concrete suspicion of a qualified gross traffic offence and no material or proportionality obstacle to a possible confiscation.
Extracted reasoning
The alleged speeding clearly met the statutory threshold of Art. 90 Abs. 4 lit. c SVG; additional alleged racing and dangerous overtaking supported the suspicion. At the seizure stage, it need only remain possible that the confiscation requirements under Art. 90a Abs. 1 lit. a and b SVG may be met, and the preventive purpose and proportionality were not excluded.