Need Legal Advice -- Drunk and Drive Notice

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kekerode

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Hi all ... I need Legal Advice about Drunk and Drive Notice. What are the mandatory and optional punishments, fine etc? Please advice. :(
 
Don't drink and drive.

/sarcasm

And if you do, get ready to face consequences.

Be a man, take it on the balls dude...
 
ok i duuno abt banglore....but here in mumbai...arnd 6 months back my frnd was caught for drink and drive and was taken to police station, and thr was asked to get someone to bail him out...and gave him a date to appear on court. His license was confiscated.

on appearing on court, it depends on the judges what punishment u get....a fine and suspension of license for a period of time is mandatory and sometimes they do put in jail for a period of hours.

my friend got a verdict of suspension of license for 1 yr and 8 hours in jail and fine of rs 3000....while a person b4 him got away with 6 months license suspended and fine...so it depends on the judges.
 
hire a driver for that day/night.

will surely cost less than 500 for a night.

or take a cab.

call fah33m, he runs a cab/tempo service in mumbai.
 
Spacescreamer said:
You recd it or planning for one ?

planning for one :P
intacto said:
ok i duuno abt banglore....but here in mumbai...arnd 6 months back my frnd was caught for drink and drive and was taken to police station, and thr was asked to get someone to bail him out...and gave him a date to appear on court. His license was confiscated.

on appearing on court, it depends on the judges what punishment u get....a fine and suspension of license for a period of time is mandatory and sometimes they do put in jail for a period of hours.

my friend got a verdict of suspension of license for 1 yr and 8 hours in jail and fine of rs 3000....while a person b4 him got away with 6 months license suspended and fine...so it depends on the judges.

Thanks for info. Didn't ur friend hire a lawyer?
madnav said:
hire a driver for that day/night.

will surely cost less than 500 for a night.

or take a cab.

call fah33m, he runs a cab/tempo service in mumbai.
Yep ... will book the cab if car can't be arranged :)
 
yeah he did hire a lawyer but that fellow made sure he didn't visit jail officially but had to stay in court roaming...:P
 
Drunk Driving is covered by Section 185 of the Motor Vehicles Act, 1988.

It says this:

Driving by a drunken person or by a person under the influence of drugs.

Whoever, while driving, or attempting to drive, a motor vehicle –

(a) has, in his blood, alcohol in any quantity, howsoever small the quantity may be, or

(b) is under the influence of a drug to such an extent as to be incapable of exercising proper control over the vehicle.

shall be punishable for the first offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both; and for a second or subsequent offence, committed within three years of the commission of the previous similar offence, with imprisonment for term which may extend to two years, or with fine which may extend to three thousand rupees, or with both.

It is pretty self explanatory I suppose... :P
 
^LOL

The commisioner in Bangalore is very strict about Drunken Driving. Two things that are guaranteed are confiscation of your car and points on your license. It's a good thing you asked about it. Chances of jailtime are not as pronounced as Mumbai though, unless you come off really wasted on the breathanalyzer.

Besides, where do you want to drive to in all this traffic?. Get a cab like somebody mentioned and keep it with you till you are done. Finding a ride back home / jail (depending on where you want to go :P) is also a pain if you decide to send the cabby away.
 
nehaladsul said:
Drunk Driving is covered by Section 185 of the Motor Vehicles Act, 1988.

It says this:

It is pretty self explanatory I suppose... :P
Actually, it isn't because it does not specify what the legal limit is...in this case, alcohol.

Most countries do that and i doubt India is an exception here.

So...do you know the answer ?
 
blr_p said:
Actually, it isn't because it does not specify what the legal limit is...in this case, alcohol.

Most countries do that and i doubt India is an exception here.

So...do you know the answer ?

The maximum permissible Alcohol concentration is 30mg per 100ml of Blood.

I didn't mention it in the first place coz there is no way one can make out just like that the amount of alcohol one has consumed!! You need breath analyzers or laboratory blood sample tests for knowing that!

But the Act has remained largely silent on this issue and do keep in mind that when it is not in the act, it can be what the enforcer decides!!! :P
 
And how would the enforcer know you have alcohol in your blood ?

He uses a breathlyser. it indicates there how much it is.

You telling me if its on 30, the guy can still charge you ?

30 its very low btw, its 80 in the US.
 
i was caught once on the way to Nandi hills after yelahanka signal, and was asked to speak and he identified i was drunk , and demanded to come with him to station, i somehow pataified that bugger for 1.5k, and ever since then i drink only when im staying away from home for a day at a friends place or a resort and dont touch vehicle ever since then after boozing

normal onspot fine is 2800 is what i have seen my friend paying very recently and no chargesheet was filed in bangalore just a slip that is it,

But dont take risks mate, better spend 500 bucks on a cab than to spend 10 times the amount to corrupt enforcers
 
blr_p said:
And how would the enforcer know you have alcohol in your blood ?

He uses a breathlyser. it indicates there how much it is.

You telling me if its on 30, the guy can still charge you ?

30 its very low btw, its 80 in the US.
Hahahaha!!! Even without a breath analyzer, one can separate a drunk person from a lot of sober individuals!! :P

Yes, the guy can still charge you if it is <= 30mg. I have seen such cases happen especially during the No Drink & Drive Weeks that Mumbai RTO organises from time to time.

But I doubt that the breath analyzers we use are efficient enough to catch very low traces of alcohol. But then the officer has all authority to prepare a medical memo and send you to the nearest Municipal hospital for a blood test. But again, this would be a case if he is hellbent upon landing you in trouble.

As for 30mg being very low, like I said, the Act is practically silent. So, 30mg can be both too low or too high depending upon the situation you land up in.

And in any case, this is India, we need to keep that fact in Mind.
 
@OP please do not drink and drive .I saw a gruesome accident in NZ .A 10 year old boy was killed by a drunk driver :cry:.Never mix both of them ,you are putting some one else's life at risk .You don't have a right to do that.

The law in India has to become even strict they should ban the person from driving and not suspending licenses.Wish that day would come .
 
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