Key legal question
Whether the facts supported attempted evasion of a measure to determine driving incapacity under Art. 22 CP and 91a LCR.
Extracted holding
The conviction was upheld, but only on the basis of the later refusal to accompany the police officer; leaving the accident scene alone did not suffice because a blood test was not highly probable on those facts.
Extracted reasoning
There was no sufficient objective basis for expecting an alcohol test immediately after the accident because the collision could be explained by snow, road conditions, and only minor contact. However, when the police later found the driver at home, he showed clear signs of intoxication and deliberately shut the door on the officer, thereby thwarting the measure. Since a reliable alcohol level was later established, the offense remained an attempt.