Drunken Driving

-

Most of us are aware of the fact that drunken driving is prohibited in India and leads to heavy penalty. However, it is also important to understand the law and the procedure in order to deal with the situation when caught for drunken driving.
Documents Required : 
Driving License, 
RC Book, 
Insurance, Emission Certificate

Caught for Drunken DrivingAs per the law, when the alcohol content of a person driving/riding a motor vehicle is b/w 30 mg every 100 ml in the blood can be detected using the breath analyzer, the person will be booked under Section 185 of the Motor Vehicles Act, which is a traffic offence is as stated below and the drunk driving challan amount in Delhi is as per mentioned below:-

Punishment for Drunken Driving

For the first time offenders, the offender can get an imprisonment for maximum of six months while they can also be fined for Rs 2000 and sometimes have to take both the punishments.


If the offender commits the same offense within three years they can be punished with imprisonment that may go up to two years or a fine that may be up to Rs 3000 and at times both the punishments can be given.Once a person is caught for drunken driving, the traffic police issues a notice/challan along with a copy of the alcometer reading. Thereafter, the person caught will have to submit all the original motor vehicle documents or leave the motor vehicle at the Police Station in case he or she does not have the original documents.

Procedure to pay fine at the Court
It is important to note that the challan/notice issued by the Police contains details such as the Criminal Miscellaneous number, the date on which the person needs to appear before the court and the Magistrate Court details, i.e., MMTC – I/II/III. Accordingly the person will have to appear in Court on the given date. Once in Court, the following steps are to be followed:

When the case number is called out, appear and stand in the witness box along with a lawyer

Plead Guilty when the judge asks if the offence has been committed.
Pay the fine amount at the Court registry
Collect the receipt for having paid the fine
Produce this receipt at the Police Station and collect the original documents or get the motor vehicle released.

Important Notes: 


There is no spot fine for drunken driving and any money you pay on spot is a bribe
Please carry the challan/notice to Court
If you fail to appear in Court on the given date, warrant may be issued.
Please ensure you carry all the original documents
Ensure you meet the traffic police at the Court before you appear.
MMTC – II and III is located in the Magistrate Court building at Nrupatunga Road, Bangalore and MMTC – I is located in Mayo Hall Court.
Please carry an ID proof to Court
You will not be allowed to drive or ride back after being caught. Therefore, ensure you are in a position to make alternatives.


If you have any queries, contact to us.

Comments

Post a Comment

Popular posts from this blog

Pecuniary Jurisdiction of Delhi District Courts: Delhi

-
Q What is the  Pecuniary Jurisdiction of Suits/Application/Cases shall be presented to the District Judge/Additional District Judge, Senior Civil Judge/Civil Judge and Judge Small Cause Court? A The Pecuniary Jurisdiction of Suits/Application/Cases presented to the District Judge/Additional District Judge, Senior Civil Judge/Civil Judge and Judge Small Cause Court is as under. From To 1 Judge Small Cause Court Till Rs.5 , 000/- 2 Senior Civil Judge/CJ Rs.5 , 001/- Rs.3 , 00,000/- As per Notification No. 382/Gaz . / F. Judl. 1 ( a) Powers Dated 21/07/2003. 3 District Judge/ADJ Rs.3 , 00,001/- Rs.2 , 00,00,000 As per Notification No. 131/Gaz . / F. Judl. 1 ( a) Powers Dated 06/11/2015. Q What is the Pecuniary Jurisdiction of Suit/Application/Cases relating to Commerical Disputes of District Judge in Delhi. A Suit/Application/Cases relating to Commercial Disputes, the specified value of which is  less than ...
Read more

Proceedings adjudicate by Family Courts

-
Image
The nature of suits and proceedings referred to Family Courts is given below. Hindu Marriage Act, 1956. Mutual Consent Divorce Contested Divorce Declare Marriage invalid Special Marriage Act, 1954. Mutual Consent Divorce Contested Divorce Declare Marriage invalid Indian Divorce Act, 1869. Muslim Marriage Act, 1939. Hindu Adoption and Maintenance Act, 1956. Guardians and Wards Act, 1890. Maintenance U/s 125 Cr.P.C. Execution of U/s 125 Cr.P.C. Suit of Declaration and Injunction between Husband and Wife. In addition, O/o Principal Judge, Family Court also receives Cases within the jurisdiction of Family Court in accordance with the law, which not indicated above.
Read more

Cheque Bounce Guide Step by Step for Prosecution

-
Five Important Elements/Fundamental to be noted in 138 N.I Act : 1. Drawing the cheque. 2. Presentation of the cheque to the Bank. 3. Returning the cheque unpaid by the drawee Bank. 4. Giving notice in writing to the drawer of the cheque demanding payment of the cheque amount. 5. Failure of the drawer to make payment within 15 days of the receipt of notice. The Following are the important stages in a Cheque Bounce case: A Cheque bounce case normally takes an average of one year to complete the proceedings before trial court. After receiving bank slip of bouncing of cheque, statutory notice to be sent to accused within 30 days of cheque bounce. STAGE ONE:  1) Filing of complaint: Filing of complaints u/s 138 with M.M./A.M.M. M.M. verifies the complaints and marked the same to the concerned M.M. / A.M.M.[Fast Tract courts-N.I Act -e.g. Erramanzil Court or Hastinapuram Court, R.R Dist for further proceedings. Accrual of cause of action : Accu...
Read more