Until now, passengers often felt safe. No matter how recklessly the driver was driving—the severe criminal penalties for speeding and the threat of license revocation seemed to apply exclusively to the driver. However, with a recent landmark ruling (Judgment 7B_1326/2024 of June 16, 2026), the Federal Supreme Court has now officially closed this loophole in case law. .
The Crazy Tesla Test Drive: 133 km/h in a residential area
The Federal Court’s ruling was based on an extreme set of circumstances: A salesperson took a prospective buyer on a test drive in a high-performance Tesla. The prospective buyer was sitting behind the wheel, the salesperson was in the passenger seat, and the driver’s three children were sitting in the back seat.
During the drive, the passenger largely took charge: He decided on the route and repeatedly urged the driver to accelerate to the maximum, saying, among other things, that he could “go ahead and really step on it.”. The situation escalated before the third acceleration maneuver: The passenger personally activated the so-called “Ludicrous Mode” via the central control display.. This special mode unlocked the Tesla’s full power, allowing the vehicle to accelerate from 0 to 100 km/h in less than 3 seconds.
The result: The driver accelerated the car from a standstill and reached a top speed of 133 km/h in an urban area, exceeding the speed limit of 50 km/h by a massive 83 km/h.
Aiding and Abetting a Speeding Offense: The Legal U-Turn
The passenger fought the case all the way to the Federal Supreme Court, arguing that he had not been driving the vehicle himself and that the offense of speeding was what is known as a “personal offense.”. The Federal Supreme Court rejected this argument in its entirety and, for the first time, expressly held that the offense of speeding, pursuant to Art. 90 para. 3 and 4 SVG can certainly be committed as an accomplice.
Thus, according to the Federal Supreme Court, what matters is not the actual physical control of the steering wheel, but rather the functional influence on the course of events—what is known as “functional control over the act.”
Furthermore, the Federal Supreme Court concluded that anyone who exerts such a decisive influence over the execution, route selection, and severity of a traffic violation—and actively intervenes by activating vehicle technology—is considered an equal co-perpetrator of the offense.
Ultimately, the Federal Supreme Court rejected the defendant’s argument that the drive was intended solely to demonstrate the engine’s power, and therefore there was no intent. Rather, the court argued that anyone who takes such extreme risks is, in effect, accepting the possibility of serious accidents with conditional intent.
💡 More information on the Road Traffic Act (SVG) & driver’s license suspension
One incident—two proceedings. If the police launch an investigation, you face not only a fine but also the immediate revocation of your driver’s license by the Department of Motor Vehicles. Read our guide to learn how to handle the “cascade effect” correctly, how authorities assess your degree of fault, and how to defend your fitness to drive:
👉 The Comprehensive Guide: Traffic Laws & Driver’s License Suspension in Switzerland
For more information on how technical features such as Sport Mode or “Ludicrous Mode” are viewed from a legal perspective , read our article
👉 When Speeding Becomes a Crime: Speeding Offenses in “Sport” Mode
Driver’s License Revocation by the Department of Motor Vehicles: The Two-Track System Strikes Again
Anyone who commits a traffic offense in Switzerland is prosecuted by two different authorities in separate proceedings—this is the often-underestimated dual-track system. This Federal Supreme Court ruling is therefore not only a seismic shift in criminal law, but also opens the floodgates for the road traffic authorities.
Under the Road Traffic Act, police and criminal justice authorities are required to report to the Road Traffic Office any violations that could result in enforcement action. As soon as the passenger is classified by the police as an accomplice to a speeding offense, the administrative measures (ADMAS) come down hard. If there are concrete indications that a person poses a particular risk to traffic safety, the driver’s license will be revoked immediately as a precautionary measure.
But that’s not all: In cases of such reckless traffic violations, many cantonal motor vehicle departments immediately order a traffic psychology evaluation. Other cantons, on the other hand, are content for the time being with a precautionary suspension and are awaiting the outcome of the criminal proceedings. If an expert opinion is requested, it must clarify whether the individual in question has a character-related issue that would prevent him or her from complying with the Road Traffic Act in the future. .
💡 In-depth knowledge of traffic psychology assessments
To find out exactly how this traffic psychology evaluation works and how to prepare for it, check out our guide:
Practical Tips: If You Find Yourself in the Crosshairs of the Law as a Passenger
This ruling significantly tightens the practices of the police, public prosecutors’ offices, and motor vehicle registration authorities. For you—as a vehicle owner, a colleague, or a car enthusiast in the passenger seat—this means the following in the event of an emergency:
- The risk of immediate arrest: Speeding offenses (exceeding the speed limit by 50 km/h or more in built-up areas) are crimes. If you’re pulled over for a serious speeding violation, you won’t just receive a casual summons in your mailbox weeks later. The driver is usually arrested on the spot and questioned immediately. Under the new legal precedent, passengers must also expect to be arrested on the spot.
- Right to Remain Silent: The distinction between mere presence (which is not a crime), aiding and abetting, and active participation depends on the exact nature of your involvement in the crime. Anyone who, after the drive, lets slip that they planned the route together or adjusted the vehicle’s technical settings is providing law enforcement with evidence sufficient to convict them as an accomplice.. Contact your attorney immediately and discuss with him or her whether you should exercise your right to remain silent.
- Comprehensive Defense: Anyone who comes under investigation must coordinate their criminal and administrative defense strategies. Any careless remark made during criminal proceedings will be seamlessly used against you by the Department of Motor Vehicles to cast doubt on your character and fitness to drive and to revoke your driver’s license.
Why a lawyer for traffic law is crucial
In road traffic law, the most important decisions are made at the very beginning. Anyone who makes ill-considered statements during police questioning without a lawyer or accepts the first penalty order without checking it often cements the loss of their driving license for many months.
Our attorneys in Winterthur, who specialize in traffic law and criminal law, will immediately request the case files on your behalf, coordinate the strategy between the criminal and administrative authorities, and fight to ensure that your losses are kept to a minimum.
We offer a detailed initial consultation (1 hour at CHF 330.-), on site or via video call. Together we analyze your situation and clarify the next strategic steps.
Frequently Asked Questions (FAQ): Speeding Offenses and Passengers
Yes, this is possible according to a recent Federal Supreme Courtruling (Decision 7B_1326/2024 of June 16, 2026). If you actively participate in the speeding offense—for example, by encouraging the driver, determining the route, or interfering with the car’s systems—you are legally considered an accomplice.. In addition to the criminal court’s conviction for a speeding offense, the Department of Motor Vehicles will revoke your license for at least two years in this case, just as it will for the driver.
If you are legally classified as an accomplice, you face exactly the same penalty as the driver. Under Swiss law regarding reckless driving, this means a mandatory minimum prison sentence of one year and a driver’s license suspension of at least two years..
You are committing a criminal offense as soon as you are no longer merely a passive passenger but are significantly influencing the driver’s behavior.. Specific actions such as repeatedly urging others to step on the gas, planning a route for speeding, or using vehicle features that enhance performance (e.g., sport mode) are punishable by law..
No. You have the absolute right to remain silent. Since careless remarks (such as “We just wanted to see how fast the car could accelerate”) can be used immediately as evidence of your complicity , you should remain silent and contact a criminal and traffic law attorney immediately.
Yes, based on a new Federal Supreme Court ruling (Judgment 7B_1326/2024 of June 16, 2026), this may be possible. If, based on police reports, the Department of Motor Vehicles suspects that your behavior as a passenger poses a threat to traffic safety, it may order a traffic psychology evaluation. . This process assesses whether you are personally fit to hold a driver’s license.
Matthias Fricker
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the University of St. Gallen, graduating with a Master in Law (M.A. HSG in Law) in 2012, registered in the Bar Register of the Canton of Zurich, member of the Zurich Bar Association.
Fabian Füllemann
Attorney at law and partner at Fricker and Füllemann Attorneys at Law
Studied at the Universities of St. Gallen and Zurich, graduating with a Master of Law UZH in 2013, registered with the Zurich Bar Registry, member of the Zurich Bar Association.
